Miami family law attorney blog
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Fraud in Florida divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
When a marital settlement agreement is entered, parties usually rely on the financial affidavits and other documents provided to determine if they want to enter the agreement. When there is an accusation that someone hid assets or was not honest on a financial affidavit in a Florida divorce, a motion can be filed to challenge the agreement. This was an issue in the case Duke v. Duke, 4D23-165 (Fla. 4th DCA May 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes, parties besides spouses are involved in a Florida divorce. The most common scenario is when money is owed to a third party which is claimed to be owed by the spouses jointly. The third party may intervene in the case to protect his or her interest in property or to assure a debt will be paid. This was an issue in the case Loginov v. Samoilova, 3D21-2457 (Fla. 3d DCA August 10, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Parties to a Florida family law case are usually required to file financial affidavits if there are financial issues involved. The affidavit is signed under the penalties of perjury, meaning if a party knowingly provides false information on the affidavit, he or she may be subject to criminal penalties. Additionally, a court can re-open a case if it is alleged a party filed a fraudulent financial affidavit or gave false testimony. This was an issue in the case Barrett v. Barrett, 5D20-946 (Fla. 5th DCA March 12, 2021).
