Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
An unequal division of martial assets and debts in a Florida divorce must be supported by certain findings made by a judge. When a party claims he or she contributed non-marital funds to a marital asset, the burden is on that party to prove the contribution was not a gift to the other spouse. This was an issue in the case Chatten v. Chatten, 4D21-694 (Fla. 4th DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse cannot be located, how does the other spouse get a divorce in Florida? The spouse who cannot be located may be served by publication. This means notice of the case is published for four consecutive weeks in a local newspaper to put the absent party on notice that a case is pending. There are specific requirements for the notice if real property is involved. This was an issue in the case Contreras v. Contreras, 3D21-1226 (Fla. 3d DCA December 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the test for determining if a marital asset has been dissipated? Dissipation refers to a spouse’s intentional waste or depletion of a marital asset such as a bank account. If a spouse empties a bank account close to divorce and spends the money on frivolous items that do not benefit the marital household, this could be considered dissipation. This was an issue in the case Pflanz v. Pflanz, 1D20-2786 (Fla. 1st DCA December 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Family dogs can be a source of emotional conflict in a Florida divorce when the parties do not agree on who should keep the dogs. Pets are considered property in Florida, and therefore are subject to equitable distribution just like vehicles, houses, etc. This can be difficult for parties to understand since pets are viewed by many as family members. A dispute over family pets was one issue in the case Harby v. Harby, 2D20-2602 (Fla. 2d DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes, parties rely on loans or other financial assistance from family or friends to pay their legal fees in a Florida divorce case. Can the fact that a party has funds available to them from third parties be used as a basis to make that party pay the opposing party’s attorney’s fees in a Florida divorce case? This was one issue appealed in the case Whittaker v. Whittaker, 4D20-641 (Fla. 4th DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Payment of attorney’s fees and alimony are two issues that are common in Florida divorce cases. Whether a court will order one party to pay the other party’s fees, and whether alimony will be awarded depends on many factors. A common consideration in deciding both is need and ability to pay. Alimony and attorney’s fees were issues in the case Watrel v. Watrel, 1D19-3741 (Fla. 1st DCA November 10, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties “misbehave” in Florida family law cases, a court may have grounds to sanction those parties. The sanctions can include payment of the opposing party’s attorney’s fees and costs. Before this sanction can be imposed, a party is entitled to notice and an opportunity to be heard. This was an issue in the case Toth v. Miller, 2D20-863 (Fla. 2d DCA November 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
If there is a divorce case pending outside of Florida, and then one spouse files a divorce case in Florida, does Florida have jurisdiction to decide the divorce? In some cases, the answer is yes. This was an issue in the case Schmoker v. Schmoker, 2D20-3276 (Fla. 2d DCA November 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are parents in Florida required to pay for college education as part of child support? Generally, the law considers the obligation to pay college tuition a moral obligation rather than a legal obligation. This was one issue appealed in the case Douglas v. Douglas, 5D20-2574 (Fla. 5th DCA October 8, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Many Florida marital settlement agreements contain an attorney’s fee provision which allows a party who has to enforce the agreement to collect attorney’s fees from the party who is in violation of the agreement. Florida law introduced a statutory provision not long ago which makes contractual fee provisions reciprocal - that is if the party who is seeking fees loses, the other party could be awarded attorney’s fees. This issue was recently examined by the Florida Supreme Court in the case Levy v. Levy, SC20-1195 (Fla. October 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes mistakes can happen in your Florida final judgment of divorce. These mistakes can usually be corrected via a motion for rehearing and ultimately, an appeal to a higher court. To protect your appellate rights, it is important to take the correct steps on the trial level to preserve arguments for appeal. This was one issue in the case Gupta v. Gupta, 5D20-536 (Fla. 5th DCA October 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When alimony is calculated in a Florida divorce, does the court consider the expenses a spouse incurs for children born of the marriage? Generally, expenses for children are excluded from consideration in an alimony calculation because these are separately handled via the child support guidelines. This was an issue in the case Hamilton v. Hamilton, 1D20-1019 (Fla. 1st DCA October 13, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties divorce and their assets are separated by a Florida court, it is important to also remember to change beneficiary designation forms on retirement accounts and life insurance policies to conform to a divorce judgment. This is because a dispute can arise later if the retirement plan or insurer is bound by the beneficiary designation, and therefore must pay funds to an ex-spouse, even if this was not intended by the deceased ex-spouse. This was an issue in the case Martinez-Olson v. The Estate of Dan Olson, 3D20-1301 (Fla. 3d DCA September 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida family court award shared parental responsibility but also award ultimate decision-making regarding specific matters affecting children? Ultimate-decision making authority gives a parent the right to be the sole decider over issues specified by the court when the parents do not agree otherwise. This was one issue appealed in the case Moses v. Moses, 5D20-2534 (Fla. 5th DCA September 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What steps are required in equitable distribution in a Florida divorce? According to the Florida Statutes the steps are (1) identification of marital and nonmarital assets, (2) valuation of marital assets, and (3) distribution of marital assets as stated in Fla. Stat. 61.075. In the case Morgan v. Morgan, 2D20-1622 (Fla. 2d DCA September 17, 2021), the court considered an appeal involving equitable distribution, alimony and child support.
Posted by Nydia Streets of Streets Law in Florida Divorce
The words used (or not used) in a Florida marital settlement agreement are important. A court cannot rewrite the terms of the parties’ contract and must enforce the clear terms “as-is”. This is why it is important to be sure your agreement says what you mean. This was an issue in the case Grey v. Grey, 5D20-1809 (Fla. 5th DCA July 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a Florida court analyzes need and ability to pay for purposes of awarding alimony, does the analysis stop if the court finds one party does not have the ability to pay alimony? This was an issue in the case Samaniego v. Samaniego, 2D19-3920 (Fla. 2d DCA August 11, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What if there is a mistake in your Florida marital settlement agreement? How can it be fixed? Whether or not it can be fixed depends on how long ago the agreement was entered, and the nature of the mistake. In the case Asad v. Sheikh, 5D21-316 (Fla. 5th DCA July 9, 2021), the court considered an appeal concerning a retirement account in the parties’ marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a status quo order in a Florida divorce? Many jurisdictions in Florida have this administrative order in place which automatically applies to most family law cases once filed. The status quo order usually contains provisions that require parties to continue to pay common household expenses such as utilities, health insurance premiums, etc. This is so that a spouse who does not pay these bills does not have to worry that these services will be in jeopardy once a divorce case is filed. A status quo order was the subject of the case Lykkebak v. Lykkebak, 5D20-1927 (Fla. 5th DCA June 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How does a Florida divorce court decide who gets the family dog? Pets are generally considered property and would be viewed similar to a vehicle or other asset of value. If the parties cannot agree on who gets certain property, including a pet, the Florida Statutes authorize a court to consider, among other factors, the desirability of retaining any asset when deciding to whom the property should be awarded. The case Springer v. Springer, 2D20-812 (Fla. 2d DCA June 11, 2021) concerned a dispute about a dog.
