Posted by Nydia Streets of Streets Law in Divorce
Most of the focus in equitable distribution in a Miami divorce is usually on shared, marital assets and debts to be divided between spouses. But what about non-marital assets and debts in Florida?
Posted by Nydia Streets of Streets Law in Divorce
A common misconception in a Miami divorce is that title to an asset or debt controls who owns property or owes a liability. The fact is title does not change the marital nature of the asset or debt if it was acquired during the marriage.
Posted by Nydia Streets of Streets Law in Divorce
It is possible that before your Miami divorce is finalized, the court could preliminary distribute some of your marital assets and debts. This is called an interim distribution and there are specific requirements that need to be met in order for it to happen.
Posted by Nydia Streets of Streets Law in Divorce
As part of your Miami divorce, if there are marital assets or debts to divide, the court is required to make written findings in its order that clearly identify non-marital assets; identify and value marital property along with who is awarded the same; indicate and assign marital debts to the spouses; and include any other statements that help someone reading the order to understand why the court distributed the assets and debts in the manner it did. Once you have this order, what’s its effect?
Posted by Nydia Streets of Streets Law in Divorce
A Miami divorce lawyer commonly hears the question “What happens to my stuff when I get divorced?” Equitable distribution is the division of marital debts and assets during divorce. The word “equitable” doesn’t always mean equal in a Florida dissolution of marriage.
Posted by Nydia Streets of Streets Law in Divorce
When the love is gone and a spouse is ready to move on but the other is not, what’s a Miami divorce court to do? Opposing a Florida divorce is possible, although it may not stop what is inevitable.
Posted by Nydia Streets of Streets Law in Divorce
If you are seeking a dissolution of marriage in Miami, you should know that Florida is a no fault state which means you do not need to prove fault on the part of the other spouse in order to get divorced. For example, there is no need to prove a spouse abandoned you or committed adultery. A Florida divorce judge will enter a final judgment of divorce so long as one of two grounds are stated by the spouse seeking divorce.
Posted by Nydia Streets of Streets Law in Divorce
Some states may require that a couple be separated for a certain period of time before a final judgment of divorce can be entered. A common question when seeking a Miami divorce is whether or not Florida has a waiting period.
Posted by Nydia Streets of Streets Law in Divorce
If you were divorced outside of the United States and you need a Florida court to enforce the terms of the foreign divorce order, you should know about some limits the law places on enforcement. The same goes for contracts entered in family law matters in another country. Generally, however, you should rest assured most non-Florida judgments and contracts are honored by the Miami Family Court.
Posted by Nydia Streets of Streets Law in Divorce
When filing your Miami divorce, an important question to ask yourself is “How long do I need to live in Florida to get a divorce?” Without you meeting the minimum residency requirement, a Miami divorce court does not have jurisdiction to sign your final judgment of divorce.
By Nydia Streets of Streets Law posted in Child Support on January 25, 2016
As our children get older, their financial needs may change along with the financial circumstances of their parents. This is why Florida law allows for modification of a child support order when there has been a substantial change in circumstances that was not contemplated at the time child support was originally ordered. If increasing or decreasing support is something you need to apply for, it is not necessary for you to file your case in the same Florida court where the child support was originally ordered.
By Nydia Streets of Streets Law posted in Child Custody on January 19, 2016
If you are involved in a Miami child custody case, chances are you’ve heard about a parenting plan. A Florida parenting plan is essentially a blueprint you and the other parent of your child ideally will follow in raising your child in separate homes. This plan can be created by the court, or even better, created through the agreement of the parents. Today we discuss some basic parenting plan elements so that you can get the ball rolling on creating a strategy for child-rearing success.
Posted by Nydia Streets of Streets Law in Taxes on December 10, 2015
Did you know that your Miami family law case may entitle you to some tax deductions? If you are in the middle of a Miami divorce case or just finished one, as the year winds down and tax season approaches, it’s time to start thinking about what documents you need to help your accountant take advantage of the benefits allowable to you under the law.
Posted by Nydia Streets of Streets Law in Divorce on December 7, 2015
There are several aspects to consider depending on the length of the marriage; whether or not children are involved; how much property/debt has been accumulated; etc. Organizing and discussing how you plan to tackle these issues with your soon-to-be-ex, if possible, is important to do even before you see a Miami divorce lawyer.