Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes lack of detail in a final judgment of dissolution of marriage in Florida can cause confusion. The Florida Statutes require that certain issues be specified in a parenting plan such as time-sharing. In equitable distribution, a failure to specify how the court arrived at its distribution decision and/or classification of assets can disrupt the equities. These were issues in the case Brutus v. Giles, 5D22-223 (Fla. 5th DCA May 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
When determining a party’s ability to pay alimony, we usually look to the party’s financial affidavit and examine monthly expenses versus monthly net income. If a party has a surplus after paying reasonable monthly expenses, this is an indication of how much that party can afford in paying alimony. This was an issue in the case Hawryluk v. Hawryluk, 5D21-2405 (Fla. 5th DCA May 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Florida family law procedure
When a judge does not allow a party to present his or her case before ruling on a motion, due process concerns are raised. In addition, that party might feel he or she will not receive a fair trial in front of that judge. A motion for disqualification may be appropriate. This was an issue in the case Domnin v. Domnina, 4D23-412 (Fla. 4th DCA May 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Florida family law procedure
What is a default in a Florida family law case? A default is entered “[w]hen a party against whom affirmative relief is sought has failed to plead or otherwise respond as provided by these rules or any applicable statute or any order of court.” Fla. Fam. L. R. P. 12.500(b). The consequence of a default is that the party against whom it has been entered admits all of the well-pled allegations of the petition. So for example, if the petition states “Wife has the ability to pay alimony” and a default is entered against the Wife, Wife technically admits that she has the ability to pay alimony. Can a default be cancelled? This was an issue in the case Wolf v. Peter M. Habashy, P.A., 4D22-3122 (Fla. 4th DCA May 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
“Do I need a prenuptial agreement?” This is a question many have when considering marriage. It is a myth that prenuptial agreements are only for wealthy people or people who have a lot of assets to protect. A prenuptial agreement can be viewed as a way to save considerable money if there is a divorce - you can pay a fraction of what it will cost in attorney’s fees to have issues related to your marriage resolved now, rather than possibly paying a lot more later if these issues need to be decided at the time of divorce. The power of a prenuptial agreement is seen in the recent case Winrow v. Heider, 4D21-3122 (Fla. 4th DCA May 24, 2023).
Posted by Nydia Streets of Streets Law in Holidays
Happy Fourth of July!
We wish you a wonderful celebration with the love of family and friends and the comfort of peace and freedom. Enjoy!
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered a marital debt? According to the Florida Statutes, “All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not specifically established as nonmarital assets or liabilities are presumed to be marital assets and liabilities.” Fla. Sta. 61.075(8). “The cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage.” Fla. Stat. 61.075(7). This was an issue in the case Reese v. Reese, 6D23-201 (Fla. 6th DCA May 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a marital settlement agreement is entered, parties usually rely on the financial affidavits and other documents provided to determine if they want to enter the agreement. When there is an accusation that someone hid assets or was not honest on a financial affidavit in a Florida divorce, a motion can be filed to challenge the agreement. This was an issue in the case Duke v. Duke, 4D23-165 (Fla. 4th DCA May 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Recently, the Florida Family Law Rules of Procedure were amended to state “To preserve for appeal a challenge to the failure of the trial court to make required findings of fact, a party must raise that issue in a motion for rehearing under this rule.” Fla. Fam. L. R. P. 12.530(a). Many provisions of a final judgment of divorce in Florida require certain findings to be made. This was an issue in the case Innocent v. Innocent, 4D22-985 (Fla. 4th DCA May 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a lis pendens in a Florida divorce? This is a document filed that gives notice to the public that ownership or other issues are being litigated regarding a property. So if a spouse files a lis pendens in the public records, this is to put any prospective buyers of the property on notice that ownership to the property is disputed. The lis pendens is usually removed once a final judgment of divorce is entered settling the parties’ property rights. A lis pendens was at issue in the case Ivey v. Ivey, 6D23-694 (Fla. 6th DCA April 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a motion for stay in a Florida family law case? This is a motion that asks the court to pause the case. Sometimes this is necessary to address an issue that is preventing a party from fully participating in the case such as health issues. If a party disagrees with a judge’s decision to stay a case, they may be able to have this issue reviewed by the appellate court as was the case in Williams v. Williams, 5D23-478 (Fla. 5th DCA May 1, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
This weekend, walk with butterflies, swim while watching a movie and get your fruit fix with our family fun guide!**
Posted by Nydia Streets of Streets Law in Florida Child Custody
Shared responsibility is presumed to be in the best interest of a child under Florida law. This presumption can be overcome if a parent can prove that shared parental responsibility is detrimental to a child. This was an issue in the case Mooningham v. Mooningham, 5D22-1800 (Fla. 5th DCA April 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Name Change
When parents agree that a child’s name should be changed, the process can be relatively easy. However, a recent appellate opinion indicates the parents must still show change is in the best interest of the child. A court’s decision to arbitrarily deny a request to change a minor’s name will be reviewed under an abuse of discretion standard - “Discretion … is abused when the judicial action is arbitrary, fanciful, or unreasonable, which is another way of saying that discretion is abused only where no reasonable [person] would take the view adopted by the trial court. If reasonable [persons] could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion.” In Re: Name Change of Y.M.X., 4D22-2592 (Fla. 4th DCA May 3, 2023) (internal citations omitted).
Posted by Nydia Streets of Streets Law in Florida Divorce
In what division of the court should a post-judgment family law case be filed? When there are civil remedies available to a party as a result of a contract entered in a divorce, for example, a party might wish to file in the general civil division rather than the family division because there may be certain remedies available. However, if a party files in the wrong division, should the case be dismissed? This was an issue in the case Chickering v. Bawa, 4D22-2180 (Fla. 4th DCA May 3, 2023).
Posted by Nydia Streets of Streets Law in Holidays
“What I love about #Juneteenth is that even in that extended wait, we still find something to celebrate. Even though the story has never been tidy, and Black folks have had to march and fight for every inch of our freedom, our story is nonetheless one of progress.” — Michelle Obama
Posted by Nydia Streets of Streets Law in South Florida Family Events
Celebrate dad with our weekend family fun guide!**
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a non-final order in a Florida family law case? According to Florida law, "The test for whether an order is final is whether further judicial labor is required or contemplated." Mallory v. Brinckerhoff, 312 So.3d 944 (Fla. 4th DCA 2021). So a non-final order is one which does not end all judicial labor, meaning there is more for the court to do in a case to resolve it. Examples of non-final orders are orders granting temporary alimony, temporary child support and a temporary parenting plan. The finality of an order is important in determining your right to appeal the order. This was an issue in the case Sanz v. Saenz, 3D23-549 (Fla. 3d DCA May 3, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a case management conference in a Florida family law case? This is a routine hearing at which the court determines the status of the case and the next steps for moving it forward. Unless all parties have been given proper notice, this type of hearing is not one at which the court can make substantive decisions about a case. This was an issue in the case Fulcher v. Allen, 6D23-957 (Fla. 6th DCA April 21, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse is awarded the marital home in a Florida divorce, the court may require that spouse to refinance to remove the other spouse from the note and/or mortgage. How long does the spouse have to refinance? This was an issue in the case Viera v. Viera, 3D21-1459 (Fla. 3d DCA April 26, 2023).
