Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a party seeks a civil restraining order in Florida, also known as an injunction, there might also be concurrent criminal proceedings arising from the same alleged incident of violence. In this case, the accused might be concerned that being forced to testify in the civil case will jeopardize his or her Fifth Amendment right against self-incrimination in the pending criminal case. Such was the issue on appeal in the case Speegle v. Rhoden, 236 So.3d 498 (Fla. 1st DCA 2018).
Posted by Nydia Streets of Streets Law in South Florida Family Events**
A horse show is in town, along with an arts festival and physical activity to get you and the family moving, plus much more in this edition of our weekend family fun guide.
Posted by Nydia Streets of Streets Law in Florida Divorce
Many married couples acquire several assets throughout their marriage. From small to large items, if assets have value, they can be considered in a Florida divorce case. In the appellate matter Price v. Price, 233 So.3d 525 (Fla. 2d DCA 2018), the former wife appealed a trial court order which failed to distribute certain personal property between the parties.
Posted by Nydia Streets of Streets Law in Florida Paternity
For a male wishing to disestablish his paternity in Florida, time is of the essence. The law places the burden on a man who knows he is not the father of a child to take certain steps to preserve his argument that he should not be legally responsible for the child. The case DOR v. Augustin, 237 So.3d 1123 (Fla. 3d DCA 2018) shows us what steps must be followed in order to disestablish paternity in Florida.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Last year, the Florida Supreme Court was tasked with resolving a conflict between Florida appellate courts regarding the applicability of a motion for attorneys’ fees to a proceeding for an injunction against dating, repeat and sexual violence. Ultimately, in the case Lopez v. Hall, 233 So.3d 451 (Fla. 2018), the Court ruled “57.105” motions as they are known, are permissible in such proceedings.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
An injunction or stay away order is valid for as long as a court order indicates. In some instances, the injunction can be indefinite which means the person ordered to stay away from a victim must do so forever or until an order is entered stating otherwise. A person against whom an injunction is entered carries around a record which can affect his or her chances for employment, among other inconveniences. An injunction can be set aside under certain circumstances.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
This first weekend of February brings us Superbowl festivities, but if that’s not your thing, our weekend family fun guide has you covered either way.
Posted by Nydia Streets of Streets Law in Florida Divorce
Discovery in a Florida family law case involves the exchange of documents and other evidence which each party uses to build his/her respective case. Generally each party is required to timely comply with discovery requests unless there is a valid objection raised. Failure to follow orders compelling discovery can result in a party’s defenses and claims being stricken, which means the party cannot request certain relief at trial.
Posted by Nydia Streets of Streets Law in Florida Divorce
Are parties sometimes dishonest in Florida family law cases? Of course, but it usually does not turn out well for them. Take the case Brunsman v. Brunsman, 232 So.3d 1175 (Fla. 5th DCA 2018) in which the appellate court actually noted, “While we are compelled to reverse portions of the final judgment, we note that many of the issues resulted from Former Husband’s lack of veracity and the parties’ failure to provide the court with the information necessary to make a sound decision.”
Posted by Nydia Streets of Streets Law in Florida Alimony
When either party appeals a final judgment of divorce, can a party seek temporary alimony while an appeal is pending? If so, what standard should be applied to determine if alimony should be awarded under this circumstance? These questions were answered in the appellate case Reidy v. Reidy, 232 So.3d 1053 (Fla. 4th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Law Procedure
What happens if parties move to a different state while a child support or child custody case is pending in Florida? In the case Ivko v. Ger, 233 So.3d 1269, this issue came up and the trial court’s decision to transfer a paternity case from Florida to Pennsylvania caused the mother to file an appeal.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
It’s the last weekend of January already?! Time flies when you’re having fun and that’s exactly what you’ll do with our weekend family fun guide.
Posted by Nydia Streets of Streets Law in Florida Child Custody
What standard is used to determine whether or not a relocation request is in the best interest of a child in Florida? One appellate case published last year sheds light on this issue by way of a Florida child custody case involving an active duty military parent.
Posted by Nydia Streets of Streets Law in Florida Divorce
Mistakes can happen in a Florida divorce which is why it is important to know the rules and to be vigilant in appealing. In the recent appellate case Julia v. Julia, 4D17-2261 (Fla. 4th DCA 2019), a litany of issues were appealed by the former husband which he argued were major mistakes made in his divorce case. He ended up prevailing on many of the issues.
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a codified set of rules which has been adopted by 49 states in the United States. Essentially, it is a set of rules these states agree to follow when it comes to child custody cases so that contradicting rulings are not made in cases when parties move to different states or try to file cases in multiple states. One appellate case shows us how the the UCCJEA is applied in a multi-jurisdiction case.
Posted by Nydia Streets of Streets Lawin South Florida Family Events**
A 3-day weekend is on the horizon for some of us and what better way to celebrate than with this week’s edition of our South Florida weekend family fun guide?
Posted by Nydia Streets of Streets Law in Florida Divorce
Divorce can be a very costly process if both parties are not in agreement with how to resolve their differences. In some cases it is more costly because experts such as real estate appraisers, guardian ad litems, and vocational evaluators are needed to make assessments in a case. Forensic accountants may also add to the bill. How do you know if you need one?
Posted by Nydia Streets of Streets Law in Florida Alimony
When is permanent alimony awarded in a Florida divorce? Per the Florida Statutes, it is awarded in long term marriages (defined as 17 years or longer) when no other form of alimony is fair and reasonable given the circumstances of the parties. In Griffitts v. Griffitts, 5D17-2509 (Fla. 5th DCA 2019), we see a reversal of a trial court’s decision to deny permanent alimony in a long term marriage.
Posted by Nydia Streets of Streets Law in Florida Divorce
Who knew that Florida family law cases would allow attorneys to flex their math skills? One recent appellate case puts those skills to the test where a trial court apparently had difficulty calculating the marital portion of a retirement account.
