Miami family law attorney blog
Viewing entries tagged
Florida divorce venue
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce case, there can be multiple issues regarding equitable distribution, including the chosen valuation date, dissipation and more. These were issues in the case Knott v. Knott, 6D2023-2519 (Fla. 6th DCA September 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is active appreciation, and how does it affect equitable distribution in a Florida divorce case? Active appreciation is an increase in value of an asset due to the efforts of a spouse. An example of this would be a stock account - while the stock account may be non-marital, if a spouse actively trades on the account or makes more than ministerial effort to increase the value of the account, the increase in value of the account might be considered active appreciation which is subject to distribution between divorcing spouses. This was an issue in the case Naranjo v. Ochoa, 4D21-3084 (Fla. 4th DCA July 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
How long does a party have after a Florida divorce is finalized to set it aside? It depends on why the order is being set aside. If it is for mistake, inadvertence, or excusable neglect, for example, the rules say up-to one year. What is the difference between a motion to set aside and a motion for enforcement? This was an issue in the case Mandelko v. Lopresti, 4D21-2041 (Fla. 4th DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
Can a Florida family law case be transferred from one county to another? This is a common question when, for example, one parent in a child custody case lives in one county, and the other lives in another county. It may be inconvenient for a parent to have to litigate the case in a county that is very far away from where he or she lives. Whether or not a case can be transferred depends on factors that have to be analyzed by the court as explained in At Home Auto Glass v. Mendota Ins. Co., 5D21-2052 (Fla. 5th DCA August 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
If there is a divorce case pending outside of Florida, and then one spouse files a divorce case in Florida, does Florida have jurisdiction to decide the divorce? In some cases, the answer is yes. This was an issue in the case Schmoker v. Schmoker, 2D20-3276 (Fla. 2d DCA November 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes mistakes can happen in your Florida final judgment of divorce. These mistakes can usually be corrected via a motion for rehearing and ultimately, an appeal to a higher court. To protect your appellate rights, it is important to take the correct steps on the trial level to preserve arguments for appeal. This was one issue in the case Gupta v. Gupta, 5D20-536 (Fla. 5th DCA October 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
How do you determine the county in which you should file your Florida divorce case when after separation, spouses move to different counties? Florida law states that venue is appropriate in the county in which the parties last resided together during their intact marriage. This was an issue in the case Huber v. Huber, 3D20-1228 (Fla. 3d DCA October 21, 2020).
