Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
Divorce can be a process that is filled with animosity. Adding adult children to the opposition no doubt adds to this animosity. The case Perez v. Perez, 238 So.3d 422 (Fla. 5th DCA 2018) presents a situation in which the former wife felt she had no choice but to sue her adult children over property that was at issue in her Florida divorce.
Posted by Nydia Streets of Streets Law in Florida Divorce
We see time and time again how language in a Florida marital settlement agreement can be interpreted in multiple ways. Ultimately, how the court interprets the language is what controls, and how the court arrives at that decision is based on established Florida law. In the case Wells v. Wells, 239 So.3d 179 (Fla. 2d DCA 2018), an issue arose regarding the interpretation of a clause of a marital settlement agreement which gave the ex-wife possessory rights over the marital home for what turned out to be a disputed length of time.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a business interest needs to be divided in a Florida divorce, parties are usually required to hire a forensic accountant to provide expert testimony as to the value of the business, and the accountant usually values it based on the assets held by the business as well as the goodwill associated with the business. In the case Soria v. Soria, 237 So.3d 454 (Fla. 2d DCA 2018), the former husband appealed the trial court’s decision to value his business interest based on the par value of the stock in the business.
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida divorces that include substantial assets and income often include claims for alimony and complicated equitable distribution. Such was the case in Burnett v. Burnett, 237 So.3d 447 (Fla. 1st DCA 2018) in which the former husband appealed a final judgment awarding permanent alimony, requiring him to maintain life insurance to secure the alimony award and requiring him to pay 100% of the former wife’s attorneys’ fees and costs.
Posted by Nydia Streets of Streets Law in Florida Divorce
A supportive relationship can affect an alimony award before it is even established. That is what happened in the case Bruce v. Bruce, 243 So.3d 461 (Fla. 5th DCA 2018) where at the time of trial, the former wife was residing with her boyfriend.
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 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 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 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 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.
Posted by Nydia Streets of Streets Law in Florida Divorce
Two issues are discussed in the recent appellate case Bro v. Bro, 2D18-31 (Fla. 2d DCA 2018), specifically: (1) whether it was proper for the trial court to direct division of the assets of a corporation owned by the parties and (2) whether it was proper for the court to award a portion of a significant tax refund to the former husband. The appellate court ultimately reversed the trial court’s ruling on both issues.
Posted by Nydia Streets of Streets Law in Florida Divorce
A trend is coming up in this week’s blog posts regarding recent appellate cases. The trend seems to deal with enforcement and interpretation of marital settlement agreements. In the case Walsh v. Walsh, 5D17-1655 (Fla. 5th DCA 2018), the parties were involved in a dispute regarding alimony payments; specifically how the former husband’s gross income was to be defined when calculating his alimony obligation.
Posted by Nydia Streets of Streets Law in Florida Divorce
You signed your marital settlement agreement and are divorced thinking the worst is behind you. In major ways, you are right, the worst may be behind you, but for some couples who continue to have disagreements after the ink is dry on their final judgment, litigation can continue for years as we see in the recent appellate case Kenney v. Goff, 4D17-2094 (Fla. 4th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Divorce
You may have heard that when you file for divorce in Miami-Dade County, you are required to attend mediation before your case is eligible for trial. Here are some quick facts about mediation to help you understand what to expect.
Posted by Nydia Streets of Streets Law in Florida Divorce
The appellate case Subramanian v. Subramanian, 239 So.3d 719 (Fla. 4th DCA 2018) just published this year reviews a trial court’s decision on gradual timesharing and on equitable distribution of debts incurred after the date of filing the parties’ petition for dissolution.
Posted by Nydia Streets of Streets Law in Florida Child Divorce
A case just released by a Florida appellate court on November 6, 2018 discusses prospective timesharing orders and distribution of a retirement account used to fund household expenses during litigation. The case Horton v. Horton, 1D17-5223 (Fla. 1st DCA 2018) sheds light on these interesting issues.
Posted by Nydia Streets of Streets Law in Florida Divorce
What remedies are available if an ex-spouse refuses to pay a Florida equitable distribution claim? These remedies are different from those available for failure to pay financial support such as alimony or child support. This issue was raised in the case Stufft v. Stufft, 238 So.3d 419 (Fla. 5th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Divorce
Divorce can be a very expensive process. Paying lawyers on top of paying alimony, child support and your own living expenses can be very taxing. This is why some parties end up liquidating assets during a divorce proceeding in order to keep up financially. In the case Jones v. Jones, 1D16-3736 (Fla. 1st DCA 2018), the husband liquidated his military retirement account and was penalized for it in the final judgment.
Posted by Nydia Streets of Streets Law in Florida Divorce
Divorcing couples clearly do not want to remain marriage partners, much less business partners, but one Florida divorce court essentially made one ex-couple just that when it gave them equal ownership of a business operated by the husband. The husband appealed, and the recent appellate decision examines whether or not this was correct.
