Posted by Nydia Streets of Streets Law in Florida Child Custody
Is mediation required in a Florida family law case? The answer depends on the procedures and rules set forth in the court in which your case is proceeding. In Miami-Dade County, for example, mediation is generally required in family law cases before a trial date can be set. This is most likely because the court wants to give the parties an opportunity to resolve the case on their own terms rather than having the court decide what happens. This was an issue in the case Kiger v. Kiger, 3D21-1150 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How is a Florida family law case started? After a petition is filed, it usually needs to be delivered to the other party by a process server. Once this delivery occurs, the case is usually considered “initiated”. Other documents besides the petition may need to be delivered to the other party by the process server in order to validate the delivery. This was an issue in the case Oliveira v. Sims, 3D21-1255 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is nominal alimony in a Florida divorce? This type of alimony is usually awarded in a small amount where the party requesting support shows a need for it, but the other party does not have the ability to pay the full amount of need at this time. Nominal alimony is awarded so that the requesting party can petition to modify the amount in the future if the payor’s circumstances change. This was an issue in the case Fabrizio v. Fabrizio, 2D21-278 (Fla. 2d DCA February 25, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This Sunday is National Ravioli Day which means our weekend recipe guide is filled with unique and tasty takes on this carb-lover’s staple.
Posted by Nydia Streets of Streets Law in Florida Divorce
The story of a Florida family law case is just one aspect of it. It is also important that whether a party has a lawyer or not, he or she follows the procedural rules in place to ensure that the court is able to hear his or her story. This was an issue in the case Preudhomme v. Bailey, et. al., 4D20-2370 (Fla. 4th DCA February 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
What are the different types of alimony that can be awarded in a Florida divorce? Bridge-the-gap, rehabilitative, durational and permanent alimony can be awarded. What type is awarded in a specific case depends on factors such as the length of the marriage, the age and health of both parties, and more. This was an issue in the case Ogle v. Ogle, 1D19-1709 (Fla. 1st DCA February 23, 2022).
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).
