Posted by Nydia Streets of Streets Law in Florida Divorce
How long does a party have to enforce a Florida divorce agreement or judgment? There is a time limit, called a statute of limitations. According to the Florida Statutes, “[a]n action on a judgment or decree of a court of record in this state” must be commenced “[w]ithin twenty years.” 1 § 95.11(1), Fla. Stat. (2020). Waiting too long to take action may result in a party not being able to obtain the relief he or she received from the court. This was an issue in the case Rai v. Rai, 5D21-751 (Fla. 5th DCA February 11, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a court dismisses a case, the court typically loses jurisdiction to make any further decisions in the case unless a party files an appropriate motion to invoke the court’s jurisdiction again. The motion may be subject to time limits, so if it is filed past a certain date, it may not be granted. This was an issue in the case Graham v. Graham, 5D21-1492 (Fla. 5th DCA February 4, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Happy National Johnny Appleseed Day! In honor of this day, our weekend recipe guide is filled with - you guessed it - apples!
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A party’s acts toward another, no matter how annoying, inconsiderate or even violent, may not be enough to support the entry of a Florida stalking injunction. Entry of this type of injunction requires a showing of a course of conduct involving two separate incidents of stalking that evidence a continuity of purpose to harass. This was an issue in the case Stallings v. Bernard, 2D20-3141 (Fla. 2d DCA February 18, 2022).
Posted by Nydia Streets of Streets Law in Florida Adoption
As with any other proceeding in Florida family law, due process is a required part of an adoption proceeding. Due process requires that all parties who have an interest in the outcome of the case be given notice of the case, usually. This was an issue in I.T. v. P.G.U., 2D21-558 (Fla. 2d DCA February 11, 2022) in which a grandmother contested a final judgment of adoption entered in favor of another relative.
Posted by Nydia Streets of Streets Law in Florida Florida Divorce
What is a constructive trust in a Florida divorce? This is a remedy available to a party who claims ownership to property which is titled in someone else’s name. For example, a court may impose a constructive trust in favor of a spouse when a marital home is titled in the name of someone other than the spouses, such as in-laws or other relatives. This was an issue in the case Silvas v. Silvas, 4D21-373 (Fla. 4th DCA February 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Divorce
When a party’s attorney withdraws from representation before trial, is this a basis for the court to grant a continuance of the trial? The answer depends on many factors, but generally, a court has discretion in determining if a continuance should be granted. This was one issue in the case Belanger v. Belanger, 4D21-1243 (Fla. 4th DCA February 16, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend is full of treats with National Pound Cake Day (today!) and National Oreo Cookie Day on Sunday. Let’s see what we can make of that in our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Florida Divorce
When a party to a Florida divorce is accused of vexatious litigation, it means they are being accused of taking positions that are unreasonable and/or not supported by the law. If a court finds that a party was vexatious, that party can be ordered to pay the other party’s attorney’s fees and costs. This was an issue in the case Alvarez v. Salazar, 4D20-1363 (Fla. 4th DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Divorce
In a Florida divorce case, equitable distribution is usually something that needs to be decided, no matter how long the parties were married. Equitable distribution concerns the division of assets and debts that were acquired from the date of marriage until the date of filing for divorce. It also concerns assets and debts owned or owed separately by each spouse. This was one of the issues in the case Lifaite v. Charles, 4D21-1038 (Fla. 4th DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida dating violence injunction can be obtained when a victim of violence has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence. See Florida Statute Chp. 784.046(2)(b). What qualifies as “reasonable cause”? This was an issue in the case Santos v. Bartoletta, 2D20-3652 (Fla. 2d DCA February 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What evidence is admissible in a Florida domestic violence case? Whether or not evidence is admissible depends on a variety of factors, including the type of evidence and the ability to authenticate evidence. This was an issue in the case Payne v. Koch, 5D21-2420 (Fla. 5th DCA January 28, 2021) in which a domestic violence injunction was sought by a father individually and on behalf of his child against the child’s mother.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend brings a unique but tasty line-up of national food days - National Clam Chowder Day, National Pistachio Day, and National Strawberry Day. Whichever you prefer, we have you covered with our recipe guide.
Posted by Nydia Streets of Streets Law in Florida Divorce
In order for a court to award attorney’s fees and costs to one party in a Florida divorce, competent and substantial evidence must be presented to the court by the party asking for the fees. This usually includes attorney invoices showing the specific rate of the attorney, the tasks performed by the attorney and the time spent on each task. This was an issue in the case Schreiber v. Schreiber 5D20-2684 (Fla. 5th DCA December 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
As part of equitable distribution in a Florida divorce, the court is usually required to consider tax consequences in the division of assets and debts. If attorney’s fees are awarded in a divorce, a court can order that interest be paid. What interest rate is used? These were issues in the case Bathke v. Costley, 5D20-2522 (Fla. 5th DCA December 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
If a party has not worked for many years, what level of income should be imputed to that party for purposes of calculating Florida alimony? Many factors go into determining if and how much income should be imputed, including the educational and occupational history of the party to whom income is being imputed. This was an issue in the case Poveromo v. Poveromo, 5D19-3466 (Fla. 5th DCA January 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
What are the different types of alimony in Florida? Alimony is discussed in Fla. Stat. Chp. 61.08, and generally there is bridge-the-gap, rehabilitative, durational, permanent and lump sum alimony. Which type the court will award depends on factors in each case such as the length of the marriage, the age of each party, the health of each party and more. Durational alimony was an issue in the case Pringle v. Pringle, 3D21-754 (Fla. 3d DCA January 19, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
National Drink Wine Day is today, friends! How about also cooking with wine? Check out our weekend recipe guide that incorporates this libation.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a motion for disqualification in a Florida divorce case? This motion is one which argues that a person or entity should not be involved in the case because of a bias or prior representation which creates conflict. In the case Meruelo v. Meruelo, 3D21-2204 (Fla. 3d DCA January 5, 2022), this motion was filed to disqualify a forensic accountant hired by the wife in a divorce case.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party wins an appeal in a Florida family law case, what happens next? The appellate court usually issues instructions to the trial court in its order. At that point, “the trial court’s role is ‘purely ministerial, and its function is limited to obeying the appellate court’s order or decree.’” J.M. v. A.J.D., 3D20-1118 (Fla. 3d DCA January 12, 2022) (citing Torres v. Jones, 652 So. 2d 893, 894 (Fla. 3d DCA 1995)).
