Miami family law attorney blog
Viewing entries tagged
Florida divorce trial
Posted by Nydia Streets of Streets Law in Florida Divorce
Delay in resolving a Florida divorce case can lead to complications which cost both sides a lot of money and potential “headache”. An appellate case which illustrates this is Kranci v. Kranci, 4D2023-1808 (Fla. 4th DCA November 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In valuing a spouse’s goodwill in a business entity, there are multiple ways to approach the issue. Sometimes, future compensation is a consideration when a corporate interest is sold. This was an issue in the case Conde-Berrocal v. Conde, 5D2023-0449 (Fla. 5th DCA June 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Imputing income to a party in a Florida divorce case requires specific findings to be made. Without these findings, a final judgment of divorce may be susceptible to reversal on appeal. This was an issue in the case Athea v. Athea, 3D22-519 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Alimony and equitable distribution may be part of a Florida divorce case. Florida Statute Chp. 61.08 governs alimony awards, while Florida Statute Chp. 61.075 governs equitable distribution. Consideration of factors in these statutes is required when deciding these issues, Alimony and equitable distribution were issues in the case Duhamel v. Duhamel, 2D2022-4145 (Fla. 2d DCA April 26, 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
What findings are required in a Florida divorce judgment concerning equitable distribution? According to Florida Statute Chp. 61.075,
In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1). The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following:
(a) Clear identification of nonmarital assets and ownership interests;
(b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset;
(c) Identification of the marital liabilities and designation of which spouse shall be responsible for each liability;
(d) Any other findings necessary to advise the parties or the reviewing court of the trial court’s rationale for the distribution of marital assets and allocation of liabilities.
Fla. Stat. 61.075(3).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party misses a trial in a Florida family law case, what relief can be granted if the failure to attend trial was the result of excusable neglect? This was an issue in the case Stephens v. Stephens, 1D22-733 (Fla. 1st DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the attorney-client privilege in Florida? This is the privilege a client holds to keep communications between the client and his or her lawyer confidential. The lawyer cannot be compelled to say what the client told the lawyer and vice versa, with few exceptions. How does this privilege come up in the context of Florida family law cases? Most often it is seen in discovery disputes.
Posted by Nydia Streets of Streets Law in Florida Divorce
What are some mistakes that can happen in a Florida divorce case? When issues such as equitable distribution, alimony, attorney’s fees and child custody are being decided, it is possible for the court to make a mistake in its ruling. Some common mistakes were at issue in the case Arzillo v. Arzillo, 2D21-603 (Fla. 2d DCA June 29, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
The story of a Florida family law case is just one aspect of it. It is also important that whether a party has a lawyer or not, he or she follows the procedural rules in place to ensure that the court is able to hear his or her story. This was an issue in the case Preudhomme v. Bailey, et. al., 4D20-2370 (Fla. 4th DCA February 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
How many days of notice must be given before a trial proceeds in a Florida divorce case? According to the Florida Rules of Civil Procedure, a trial cannot be set less than 30 days from the date a notice for trial is issued. This was an issue in the case Damas v. Rappleye, 3D21-684 (Fla. 3d DCA December 29, 2021).
