Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a default is entered against a party in a Florida divorce case, what does this mean? Generally, it means the party who was defaulted did not answer the petition on time. The consequence is that the allegations in the petition are admitted, meaning the petitioner does not have to prove the allegations and they are taken as true. Application of this consequence is not so simple in family law cases. Child custody issues cannot be decided by default, for example.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A domestic violence injunction under Chapter 741.30 of the Florida Statutes may be sought by any family or household members. Parties do not need to be spouses in order for this type of injunction to be entered. According to the statute, the person seeking the injunction “who is either the victim of domestic violence" [. . .] or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence.”
Posted by Nydia Streets of Streets Law in South Florida Family Events
Holiday fun continues with our South Florida weekend family fun guide, complete with boats and a gala!
Posted by Nydia Streets of Streets Law in Florida Paternity
What is a sperm donor under Florida law? Parties who agree to have a child via at home insemination kits likely do so to save money involved with going through a laboratory to complete in vitro insemination. How does this process affect paternity? This was an issue in the case Enriquez v. Velasquez, 5D21-1542 (Fla. 5th DCA November 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Before a court can change a Florida parenting plan, both parties must be on notice of what to expect before a hearing is held. This notice is usually given by way of a motion filed by a party. In the motion, the party states allegations made against the other party and requests the relief desired. If a court grants relief not requested by a party, the order may be subject to appeal. This was an issue in the case Bowers v. Smith, 5D22-730 (Fla. 5th DCA November 7, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long does a party have to appeal a Florida family law ruling? Generally, a party has 30 days from the date an order is entered to file a Notice of Appeal. This deadline is strict, and an appellate court has no jurisdiction over a matter after this date. This was an issue in the case Baroff v. Baroff, 4D22-772 (Fla. 4th DCA November 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Same-Sex Family Law
A same-sex couple can spend many years together and raise children together, but under the current state of Florida law, the party to the relationship who is not biologically related to the children may not have any parenting rights if the couple separates. This was an issue in the case Stabler v. Spicer, 1D21-1826 (Fla. 1st DCA November 2, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events
This first weekend of December brings fitness fun and holiday cheer in our South Florida weekend family event guide!
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can attorney’s fees be awarded in a Florida family law appeal case based on a disparity in income between the parties? Generally, an appellate court has the authority to award temporary fees when a motion is filed under the Florida Rules of Appellate Procedure, and a trial court also has the authority to award these fees. This was an issue in the case Finch v. Cribbs, 1D18-3855 (Fla. 1st DCA November 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When attorney’s fees are awarded in a Florida family law case, in certain instances, the amount of fees must be supported by expert testimony. What qualifies a witness to be an expert on attorney’s fees? This was an issue in the case Mendelson v. Howard, 4D21-1552 (Fla. 4th DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
The main aspects of determining an alimony claim in a Florida divorce revolve around need and ability to pay. That is the need of the spouse asking for alimony and the ability of the other spouse to pay it. To understand this analysis, it is important to accurately compute the income of each party. This was an issue in the case Leyte-Vidal v. Leyte-Vidal, 4D21-879 (Fla. 4th DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When is a Florida family law case ready for trial? Typically, cases are not set for trial until the pleadings are closed and discovery is completed. In many jurisdictions in Florida, mediation is also required before a case can be set for trial. Can a trial date be set anyway if all of these conditions are not met? This was an issue in the case Pulwer v. Pearl Brothers, LLC, 3D22-1462 (Fla. 3d DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events
On this Black Friday, keep our family fun guide in mind to help you recover from shopping or stay away from it!
Posted by Nydia Streets of Streets Law in Holidays
“We can complain because rose bushes have thorns, or rejoice because thorns have roses.”
― Alphonse Karr
Posted by Nydia Streets of Streets Law in Florida Child Custody
When there is a child custody dispute and one parent lives in Florida and the other lives out-of-state, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is usually applicable. A parent who initiates child custody litigation in Florida may face a challenge from the out-of-state parent on certain grounds stated in the UCCJEA. This was an issue in the case Sosa v. Pena, 3D22-71 (Fla. 3d DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida domestic violence injunction is entered, it is usually set to expire by a certain date. The victim can request that the court extend the expiration date if he or she can show another violent act has occurred, or he or she is in reasonable fear that another violent act will occur. This was an issue in the case Cardon v. Halmaghi, 1D20-2314 (Fla. 1st DCA October 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem in a Florida child custody case can hire an attorney to collect fees due for services. The party who owes the money to the guardian ad litem could be liable for the guardian’s attorney’s fees. The award of fees must be supported by certain findings. This was an issue in the case Tripodi v. Nacer, 3D21-2234 (Fla. 3d DCA October 19, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events
Find ideas for quality time in our weekend family fun guide! This weekend, you can watch movies in the park, find your favorite books and more.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party appeals a Florida family law case, if the opposing party “confesses error”, the appeal is usually granted. This means the opposing party admits the appeal is correct and should be granted. Is the appellate court required to abide by a confession of error? This was an issue in the case Perez v. DOR, 1D22-798 (Fla. 1st DCA October 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is interest awarded in a Florida divorce when the court divides assets between the parties? Pre-judgment interest refers to interest that may accrue before a final judgment is entered awarding property to a person. This was an issue in the case Iarussi v. Iarrusi, 1D21-0708 (Fla. 1st DCA October 12, 2022).
