Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Divorce
Pets are considered by many to be family members because of the bond and love shared between the owner and the pet. Florida divorce law, however, views pets are property to be awarded to one spouse or the other, a view that sometimes creates high conflict when spouses cannot agree in their Miami divorce to whom the pet should be awarded.
Posted by Nydia Streets of Streets Law in Alimony
Getting alimony awarded in a Miami divorce is a victory that may be for naught if no life insurance secures the award. You can ask the court to have the spouse ordered to pay alimony obtain a life insurance policy, but there are strict guidelines that must be followed in order for this request to be enforceable.
Posted by Nydia Streets of Streets Law in Child Custody
Sometimes, psychologists are relied on in a Miami child custody case to make a recommendation regarding a child’s best interest. Florida law provides certain safeguards for psychologists to apparently protect them against frivolous lawsuits filed by parents involved in Florida family law cases.
Posted by Nydia Streets of Streets Law in Child Custody
In a Miami child custody case that is highly contested, a parenting coordinator may be the key to peaceful resolution of parental conflict. Florida law puts certain requirements in place to ensure a parenting coordinator addresses the best interest of the parties’ children.
Posted by Nydia Streets of Streets Law in Child Support
Garnishment of wages for payment of Florida child support or alimony is an attractive option for both payors and recipients of support because of convenience. Let’s look at the pros and cons of these types of order for both the payor and the payee.
Posted by Nydia Streets of Streets Law in Child Support
“What do I do if my ex is about to leave the state to avoid paying alimony or child support?” This is a question many have once their support order is entered and they want to make sure the party ordered to pay does not skip town to avoid paying. Florida law provides a remedy in this situation.
Posted by Nydia Streets of Streets Law in Alimony
In some cases, a party is not ready to file for divorce, or has no intention to divorce, but wants to ensure that he or she is receiving adequate financial support from his or her spouse. This is what alimony or child support unconnected to dissolution of marriage is for.
Posted by Nydia Streets of Streets Law in Alimony
There are currently four types of alimony awarded in a Florida divorce: bridge-the-gap, rehabilitative, durational and permanent. The type of alimony awarded is based in part on the length of the marriage; a marriage is considered short-term if it’s less than 7 years, moderate if between 7 and 17 years and long-term if 17 years or greater. Each type of alimony carries certain requirements to be awarded and to be given consideration in a Florida divorce.
Posted by Nydia Streets of Streets Law in Alimony
When a marriage ends due to a cheating spouse, many wonder whether the adultery will affect how much alimony they receive or pay. As with most questions about the law, the answer is “It depends”.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
If you’re ready to take the important step of marrying your partner, consider the benefits of a prenuptial agreement. Even if you’re already married, a postnuptial agreement may benefit you. Consider frequently asked questions about these agreements to help you understand the benefits.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
Prenuptial agreements can be classified as special contracts. They’re contracts that are binding like any other contract you might enter, but they’re “special” because the court looks at them with much more scrutiny than other types of contracts. Certain requirements must be met to shield your agreement from attack, and having an experienced attorney on your side can make all the difference.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
Prenuptial agreements are not just for the wealthy. They can benefit almost anyone wanting to get married because they provide what can be thought of as insurance in case happily ever after does not work out.
Posted by Nydia Streets of Streets Law in Divorce
A Miami divorce court is one of equity, which means in most cases, a judge has discretion to tip the scales of justice in favor of one party if it is fair and reasonable under the circumstances. A good illustration of this is the ability of a Florida divorce court to award setoffs and credits to a spouse upon the sale of the marital home.
Posted by Nydia Streets of Streets Law in Divorce
Income earned during marriage is considered a marital asset in your Miami divorce, and this includes retirement savings. Special rules apply to military retirement plans in a marriage of at least 10 years.
Posted by Nydia Streets of Streets Law in Divorce
In a Miami divorce, when does the “What’s yours is mine and what’s mine is yours” stuff stop once you’ve decided your marriage is over? Florida law is pretty clear on the cut-off date for classifying an asset or debt as marital or non-marital.
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.
