Miami family law attorney blog
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Florida Divorce Venue
Posted by Nydia Streets of Streets Law in Florida Divorce
How does a divorce happen in Florida if one spouse is incarcerated? Being incarcerated does not stop a dissolution of marriage from proceeding in Florida so long as the imprisoned spouse is given the opportunity to participate in the case. In Weston v. Weston, 1D19-3727 (Fla. 1st DCA November 6, 2020) the issue of an incarcerated spouse’s opportunity to participate in the final hearing was at issue.
Posted by Nydia Streets of Streets Law in Florida Divorce
A primary question in a Florida divorce when it comes to dividing marital assets and debts is what is everything worth? Since the court starts with the presumption that each spouse should be awarded an equal share of the marital estate, knowing the values of each asset and the amount of each debt owed is necessary to arrive at this equal division. The case Frett v. Frett, 5D20-187 (Fla. 5th DCA August 28, 2020) sheds light on this.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a divorce case is filed in Florida, and a divorce case involving the same parties is also filed in another country, which court has jurisdiction to decide the issues in the case? The answer is not always simple, but the case Vicario v. Blanch, 3D19-1044 (Fla. 3d DCA August 19, 2020) is an example of how a Florida court may analyze competing petitions for divorce in different jurisdictions.
Posted by Nydia Streets of Streets Law in Florida Divorce
A self-employed party in a Florida divorce will need to show evidence of income and business expenses when it comes to determining alimony and child support. In the case Carter v. Carter, 4D19-351 (Fla. 4th DCA April 15, 2020), the former husband appealed a final judgment which imputed income to him for purposes of determining his support obligations.
Posted by Nydia Streets of Streets Law in Florida Divorce
How long must one reside in Florida before a petition for divorce can be filed? According to Florida Statute Chp. 61.021, “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” This residency requirement was at issue in the case Robinson v. Christiansen, 3D19-1709 (Fla. 3d DCA March 25, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
If parties separate and one spouse moves to a different county than the other spouse, in which Florida county should the petition for divorce be filed? Florida law states venue is proper where the spouses last resided during their intact marriage with the intent to remain married. What if one spouse moved to another county to escape alleged domestic violence by the other spouse? This issue arose in the recent appellate case Dlin v. Dlin, 3D19-1042 (Fla. 3d DCA November 20, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Due process is required in Florida family law cases. This refers to the opportunity for each party to present his or her side of the case with fair notice. When a court takes action without notifying the parties or when there is no pending motion on the action taken, this usually results in a due process violation. Such was the case in Singer v. Singer, 4D18-1170 (Fla. 4th DCA July 3, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the correct venue for a Florida divorce? According to Florida law, it is the county in which the parties last resided during the intact marriage. There is an important distinction between incorrect venue and inconvenient venue as stated in the case Knapp v. Knapp, 1D17-2869 (Fla. 1st DCA February 28, 2019).
