Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is the right to proceed pro se, or self-represented in a Florida family law case absolute? Florida case law indicates it is not because pro se litigants who excessively or vexatiously litigate can be sanctioned and/or prohibited from filing anything further without a lawyer. This was an issue in the case Abboud v. Abboud, 5D2024-0799 (Fla. 5th DCA March 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are parties entitled to credits for mortgage payments on a marital home during separation? Florida Statutes do provide a way to claim credits in certain circumstances. This was an issue in the case Frazier v. Dodd, 5D2022-2478 (Fla. 5th DCA March 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
A change in the alimony statutes in Florida in 2023 eliminated permanent alimony. For that reason, cases which were appealed before the change but were still pending after, had permanent alimony reversed in the appeal. This was an issue in the case Edman v. Edman, 4D2024-0077 (Fla. 4th DCA March 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida family law courts have broad discretion in fashioning temporary relief remedies. However, that power is not unlimited. This was an issue in the case Strolla v. Strolla, 4D2024-2294 (Fla. 4th DCA March 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a court disregard a settlement agreement entered between the parties and require a different result? The answer depends on what is at issue in the agreement. In the case Nicholas v. Nicholas, 4D2024-0214 (Fla. 4th DCA March 19, 2025), the court added a provision regarding additional attorney’s fees and costs even though the parties had already agreed on how to pay attorney’s fees and costs.
Posted by Nydia Streets of Streets Law in Florida Divorce
What date does a Florida family court use to value assets in a divorce? Since divorce cases can span years, the value of an asset at the time of filing for divorce may be different from the value at the time of the trial. According to the Florida Statutes, “The date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances. Different assets may be valued as of different dates, as, in the judge’s discretion, the circumstances require.” Fla. Stat. 61.075(7).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law case is appealed, the trial court may be limited in entering further orders on the issue being appealed because the appellate court assumes exclusive jurisdiction over the issue until an appellate opinion is issued. This was discussed in the case Stivelman v. Stivelman, 3D23-1811 (Fla. 3d DCA March 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
What analysis is used to determine if alimony should be paid in a Florida divorce? According to Shouman v. Salama, 6D2023-2585 (Fla. 6th DCA March 10, 2025), there is “a two-step process for determining whether to award alimony in a divorce. In the first step, the court must ‘make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.’ § 61.08, Fla. Stat. [. . .] Once the first step is completed, and provided the trial court finds that there is a need for alimony and an ability to pay by the other party, then the statute instructs the trial court to proceed to the second step. In the second step, the trial court is tasked with ‘determining the proper type and amount of alimony or maintenance’ which requires consideration of ‘all relevant factors’ including, but not limited to, those set forth in section 61.08(2)(a)–(j), Florida Statutes.”
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are grounds for disqualifying a Florida family law judge? The fact that a litigant is unhappy with a judge’s ruling is usually not enough to disqualify a judge. This was an issue in the case Cimbler v. Greemberg, 3D25-0137 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a Florida family law court impose sanctions for non-compliance with discovery. Yes, but the power to do so is not unlimited. This was an issue in the case Prichard v. Galicia, 3D24-2174 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In Florida family law cases, parties can request to set aside a judgment for specified reasons under Florida Family Law Rule of Procedure 12.540. If such a motion is filed, an evidentiary hearing is usually required. This was an issue in the case Ravelo v. Payret. 3D23-1840 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
How are contingent liabilities treated in a Florida divorce? These liabilities are potential debts that will become owed if certain events happen. For example, a party might be involved in a lawsuit and if they lose the lawsuit, they might owe money to the opposing party in the law suit. Contingent assets and debts must be listed on a financial affidavit in a Florida divorce case. A contingent debt was an issue in the case Alvarez v. Stochetti, 3D23-1277 (Fla. 3d DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Florida Rule of Family Law Procedure 12.407 prohibits a child who is a witness or related to a family law case from being compelled to attend and testify at a hearing without prior order of the court based on good cause shown. This rule is designed to safeguard children from the effects of a court proceeding. Does this rule expand the due process rights of the parents involved in the proceeding? This was an issue in the case Schmigel v. Schmigel, 1D2024-1572 (Fla. 1st DCA March 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Must a court recognize and enforce a divorce decree from another country in a Florida divorce case? The answer depends on the circumstances surrounding the entry of the foreign divorce decree. For example, if the decree was entered without a party having notice and opportunity to be heard, a Florida court may decline to enforce the judgment. This was an issue in the case Carrasco v. Jimenez, 4D2023-0461 (Fla. 4th DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court temporarily suspend a parent’s time-sharing without the other parent filing a petition for modification of time-sharing or the parenting plan? This was an issue in the case Mishkin v. Mishkin, 3D24-1516 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
We see repeatedly in Florida family law cases the consequences of not having a transcript of your trial prepared - even if you have a case that could be successful on appeal, the lack of a transcript could derail your chances of success. Lack of a transcript was an issue in the case Fernandez v. Gonzalez, 3D24-1153 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can you object to having a hearing officer preside over your Florida child support case and instead request that a judge hear the case? This was an issue in Smith v. Smith, 3D24-0687 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Failure to rebut evidence at a Florida divorce trial may result in the court awarding relief requested by the other party. Rebutting evidence means presenting your own evidence that contradicts or disproves what the other party is claiming. This was an issue in the case Verdasco v. Vazquez, 3D24-0019 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party requests that a petition be dismissed in a Florida family law case, what standard does the court use to evaluate that request? Generally, the trial court must take the allegations in the petition as true and determine whether those allegations lead to relief that the court can grant. This was an issue in the case Restrepo v. Aquino, 3D23-2175 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is an attorney’s charging lien in a Florida divorce case? This is a lien for unpaid legal fees placed by the attorney on proceeds that the attorney’s client is expected to be awarded in the case. If the lien is approved by the judge, and a party is awarded, for example, a lump sum of cash in equitable distribution, the lien would operate to award that cash to the attorney for unpaid fees. This was an issue in the case Cirillo v. Cirillo, 2D2023-2400 (Fla. 2d DCA March 5, 2025).
