Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered non-marital or separate property in a Florida divorce? Generally assets acquired before marriage, acquired with non-marital funds, or acquired by gift or inheritance are separate assets belonging to the spouse who owns them. It is possible for a court to mistakenly identify separate or non-marital assets as marital, as happened in the case Street v. Street, 2D18-283 (Fla. 2d DCA May 1, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce case, the court seeks to award each spouse his or her fair share of the marital estate through a process known as equitable division. It is important to remember that equitable does not always mean equal. In the case Jones v. Jones, 5D19-879 (Fla. 5th DCA May 1, 2020), the former wife appealed the court’s equitable distribution ruling, imputation of income to her, and the denial of her claim for attorneys’ fees and costs.
Posted by Nydia Streets of Streets Law in Florida Divorce
For a Florida court to have the power to divorce a couple, one or both of the spouses must have resided in Florida for the six months immediately preceding the filing for dissolution. When parties split time between residences in Florida and other states or countries, this can make it difficult to ascertain the true residence of the parties. This issue arose in the case Mejia v. Mejia, 4D19-3847 (Fla. 4th DCA April 29, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
It is possible for mistakes to be made in a Florida final judgment of divorce. This is why parties have the right to revisit the judgment through the appellate process. In Diaz-Silveira v. Diaz-Silveira, 3D18-919 (Fla. 3d DCA April 29, 2020), the trial court’s final order was appealed regarding equitable distribution and attorneys’ fees.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is owed an equalizing payment under a Florida divorce decree, can that party seek attorneys’ fees and costs under Chp. 61 of the Florida Statutes? According to a recent appellate case, the answer is no: Kolartz v. Kolartz, 1D18-4818 (Fla. 1st DCA April 27, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
A party who is owed payments under a Florida divorce agreement may be able to enforce those payments against the other spouse’s estate if the spouse passes away. This issue arose in the case Allen v. Estate of Allen, 4D19-2195 (Fla. 4th DCA April 22, 2020) in which the former wife sued the former husband’s estate to recover equitable distribution payments due to her under a marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Divorce
A Florida divorce judgment is usually non-modifiable as it relates to equitable distribution. In Rhoulhac v. Francois, 4D19-1832 (Fla. 4th DCA April 22, 2020), the former wife filed a petition to recover her interest in the marital home, and the trial court dismissed her petition with prejudice, so she appealed.
Posted by Nydia Streets of Streets Law in Florida Divorce
Can discovery be limited in a Florida divorce? For the most part, when a party seeks discovery from the other party, there must be a showing that the discovery is relevant to the pending issues in the case. Discovery includes documents such as financial records, text messages and more. In the case Fagen v. Merrill, 2D19-2948 (Fla. 2d DCA April 17, 2020), the former husband appealed an order requiring him to produce certain financial records.
Posted by Nydia Streets of Streets Law in Florida Divorce
What does the six-month residency requirement for a Florida divorce mean? In order for a Florida court to have jurisdiction to enter a final judgment of divorce, one or both parties must have resided in Florida for at least the immediately preceding six months prior to the date of filing the petition for divorce. The definition of residency was in dispute in the case Lauterbach v. Lauterbach, 2D19-524 (Fla. 2d DCA April 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
A self-employed party in a Florida divorce will need to show evidence of income and business expenses when it comes to determining alimony and child support. In the case Carter v. Carter, 4D19-351 (Fla. 4th DCA April 15, 2020), the former husband appealed a final judgment which imputed income to him for purposes of determining his support obligations.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the purpose of a motion for rehearing in a Florida divorce case? In many instances, it is necessary to file a motion for rehearing in order to preserve appellate rights. By asking for a rehearing, a party is alerting the court that there are mistakes in the final judgment. Without giving the court the chance to fix those mistakes, the appellate court may not have jurisdiction to address any discrepancies in your final judgment. This was the issue in the case Russell v. Russell, 1D19-364 (Fla. 1st DCA April 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
If you believe there is an error in your Florida final judgment of divorce, what can be done? The answer depends on the specific facts of your case. One recent appellate case deals with this issue: Eaton v. Eaton, 1D19-0192 (Fla. 1st DCA March 23, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
After a final judgment of divorce is entered in Florida providing for equitable distribution of assets and debts, what happens when one spouse later files for bankruptcy, thereby affecting the distribution scheme? This issue arose in the case Martinez-Noda v. Pascual, 3D19-1646 (Fla. 3d DCA April 1, 2020) in which the former husband appealed a judgment that modified equitable distribution agreed-to by the parties in their marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Divorce
How long must one reside in Florida before a petition for divorce can be filed? According to Florida Statute Chp. 61.021, “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” This residency requirement was at issue in the case Robinson v. Christiansen, 3D19-1709 (Fla. 3d DCA March 25, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Why is it important to have a court reporter at your final hearing in your Florida divorce case? For one, it may be difficult to appeal an adverse ruling made against you at the hearing without a transcript of what was said. Nonetheless, it may still be possible to appeal an order if it contains clear errors. This was the case in Diaz v. Diaz, 3D19-493 (Fla. 3d DCA March 18, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
If parties cannot agree on the split of assets and debts in a Florida divorce, the court decides the issue based on Florida law. Florida Statute 61.075 guides the court’s determination of equitable distribution. In Marconi v. Erturk, 4D19-2022 (Fla. 4th DCA March 18, 2020), the former wife appealed the trial court’s decision to decline to rule on equitable distribution.
Posted by Nydia Streets of Streets Law in Florida Divorce
After a long-term marriage in Florida, issues of alimony and equitable distribution are expected to play a part in a divorce proceeding. In Sager v. Sager, 4D19-1722 (Fla. 4th DCA March 11, 2020), the parties were married for 34 years by the time they divorced, and the trial court awarded the former wife an unequal distribution of marital assets, which the former husband appealed among other issues.
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce can sometimes become complicated when a marital asset is encumbered by multiple liens. This can be an issue even after the final judgment is entered or after the parties enter a marital settlement agreement. In the case Law v. Law, 3D18-1177 (Fla. 3d DCA March 4, 2020), the former wife sought to have the former husband follow the parties’ agreement as it relates to a debt on a marital asset.
Posted by Nydia Streets of Streets Law in Florida Divorce
Most Florida marital settlement agreements contain what is known as a default provision. This provision provides that when post-judgment litigation occurs such as enforcement or contempt, the prevailing party will be entitled to payment of his or her attorneys’ fees and costs by the losing party. In Christensen v. Christensen, 2D19-1292 (Fla. 2d DCA March 6, 2020), the former wife appealed the trial court’s denial of her fees despite such a provision in the parties’ marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Divorce
Property acquired before marriage in Florida is generally considered separate property. During the marriage, a party may unknowingly take steps which give a non-owning spouse interest in the party’s separate property. In the case Nathey v. Nathey, 2D19-441 (Fla. 2d DCA February 26, 2020), the issue of non-marital property was appealed after the parties’ divorce.
