Miami family law attorney blog
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Discovery in Florida Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
If a spouse forges the other spouse’s signature on a tax return, can the spouse whose signature is forged avoid liability for back taxes owed on the forged return? This was an issue in the case Deasy v. Deasy, 4D2023-0317 (Fla. 4th DCA May 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Both parties to a Florida family law proceeding should have the same opportunity to present their cases. When one party is given the right to present evidence, but the other is not, this may result in a due process violation. This was an issue in the case Pino v. Pino, 4D2022-3258 (Fla. 4th DCA March 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are medical records required to be disclosed to the other party in a Florida divorce case? The answer depends on what is at issue in the case. If a party, for example, claims he or she has medical conditions which prevent employment, the medical records are relevant to prove this, and thus may be discoverable. This was an issue in the case Hakim v. Hakim, 3D23-862 (Fla. 3d DCA August 16, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is discovery in a Florida family law case? This refers to a process in which each party can request documents or other evidence to prove his or her side of the case. For example, in discovery, a party might request the other party’s bank statements, paystubs and tax returns to determine income for purposes of calculating alimony or child support. Is there a limit on discovery? This was an issue in the case Flynn v. Flynn, 2D22-1172 (Fla. 2d DCA March 10, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Attorney’s fees in a Florida divorce can be awarded based on the relative financial circumstances of the parties or misconduct in litigation. When they are awarded based on financial circumstances, a court must consider the need of the spouse asking for fees to be paid as well as the ability of the other spouse to pay. Misconduct can also be considered in awarding fees based on financial circumstances. This was an issue in the case Rich v. Rich, 2D19-2721 (Fla. 2d DCA August 31, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Many parties to a Florida family law case ask “Do I HAVE to give the other side my private information”? As part of the case, parties can ask for discovery. Discovery is a process in which each side can request of each other documents or information relevant to the case. For example, in a case to establish child support, each side may be asked to produce paystubs and bank statements to prove income. There are limits to discovery, however, and a party can object to providing certain documents, in which case the judge decides if the objection is valid. This was an issue in the case Sahmoud v. Marwan, 3D20-1311 (Fla. 3d DCA March 9, 2022).
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 Family Law Procedure
What is discovery in a Florida divorce? This is a process in which parties seek information to support his or her side of the case. For example, in discovery parties may request of each other paystubs and bank statements for purposes of discovering the other parties’ income for calculation of child support. Can a party object to discovery? Maybe, and whether or not the objection will be sustained depends on the nature of the discovery sought, among other factors. This is illustrated in the case McCloud v. Tackett 1D20-1782 (Fla. 1st DCA December 10, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is a party required to provide his or her mental health records to the opposing party in a Florida divorce? This issue arose in the case Laforest v. Laforest, 4D19-2189 (Fla. 4th DCA December 11, 2019) in which the husband appealed an order requiring him to produce his mental health records.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In a case in which former spouses were litigating a modification of Florida child support, the former husband requested information concerning the income of the former wife’s current spouse. When the current spouse objected, an appeal ensued under McFall v. Welsh, 5D19-2275 (Fla. 5th DCA October 25, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens when a party is accused of hiding assets in a Florida divorce? This issue arose in the case Hess v. Hess, 2D18-3155 (Fla. 2d DCA October 11, 2019) in which the former wife appealed the trial court’s decision to deny her motion to set aside a marital settlement agreement and to enter a final judgment despite her claim that the former husband did not disclose certain U.S. Veterans Administration Department (VA) disability benefits.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Discovery in a Florida family law case is the process in which parties request documents or other evidence from each other or even third parties in an effort to investigate and prove claims made in the case. The most common type of discovery in a Florida divorce case are financial documents - bank records, income statements, business records, and the like. In the case Hall v. Hall, 5D18-1608 (Fla. 5th DCA June 14, 2019), we see what happens when a third party is subpoenaed for information and an objection is raised by that third party.
