Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Divorce
Preserving your right to appeal in your Miami divorce requires that you make certain arguments and objections to the trial court. If you fail to make an argument to the court, for example, you cannot complain on appeal that the trial court did not consider that argument. Additionally, you cannot invite error and then complain about it on appeal. We see this play out in the appellate case Sciame v. Sciame, 215 So.3d 190 (Fla. 2d DCA 2017).
Posted by Nydia Streets of Streets Law in Divorce
How much in attorney’s fees and costs can be spent on litigation in a Miami divorce? In one case, a couple collectively spent over $500,000 in attorney’s fees on post-judgment litigation alone. This means after their final judgment of divorce was signed, they both participated in so much litigation that they racked up half a million dollars in fees. Determining who would foot the bill brought on an appeal which cost more fees, no doubt.
Posted by Nydia Streets of Streets Law in Divorce
During the course of a Miami divorce case, it is possible to seek temporary relief for issues such as alimony, child support and time-sharing. This is because a family law case can take a year or more to get to trial and in the meantime, a party may need financial or other relief that cannot wait that long. If a party seeks temporary alimony and child support, there are certain parameters the court must follow as seen in the case Maerssen v. Gerdts, 213 So.3d 952 (Fla. 4th DCA 2017).
Posted by Nydia Streets of Streets Law in Divorce
What happens when a spouse's gambling addiction wreaks havoc on the family's finances? We review this issue in the case Viscito v. Viscito, 214 So.3d 736 (Fla. 3d DCA 2017) where the court considered the husband's gambling debts in equitable distribution and alimony determinations.
Posted by Nydia Streets of Streets Law in Alimony
Florida family courts sometimes make mistakes in their rulings. For that reason, it is important to have a Florida family law attorney at least review a court’s order with you immediately after it is entered, especially if you chose to proceed in your divorce case without an attorney. As seen in Conlin v. Conlin, 212 So.3d 487 (Fla. 2d DCA 2017), two costly mistakes in the trial court’s order negatively affecting the former husband could have gone unchallenged had he not had an attorney helping him.
Posted by Nydia Streets of Streets Law in Divorce
Sometimes, due to transfers of money and title to property during marriage, the waters of equitable distribution in a Florida divorce can get murky. Such was the situation in the appellate case Landrum v. Landrum, 212 So.3d 486 (Fla. 1st DCA 2017) in which the former husband appealed a finding that his pre-Marital property was marital in nature.
Posted by Nydia Streets of Streets Law in Divorce
Divorce settlement agreements are contracts that are interpreted and enforced by a Miami family court similar to the way most other contracts are reviewed. Generally, a court cannot modify the equitable distribution terms of a Miami divorce decree without the consent of both parties, and the Court is bound by the plain language of the agreement in enforcement proceedings.
Posted by Nydia Streets of Streets Law in Divorce
When a Florida divorce settlement agreement states that one spouse will receive exclusive use, ownership and possession of the marital residence and the parties continue to reside in the home together after the entry of the agreement, can the other spouse request that the court award rental payments to the owning spouse? This was one question presented to the appellate court in the case Hudson v. Hudson, 209 So.3d 656 (Fla. 1st DCA 2017).
Posted by Nydia Streets of Streets Law in Divorce
Can a court award exclusive use and possession of the marital home to one spouse and require both spouses to pay for half of the expenses for maintaining the home? Such was the issue brought on appeal by a former wife in the case Morgan v. Morgan, 213 So.3d 378 (Fla. 4th DCA 2017).
Posted by Nydia Streets of Streets Law in Divorce
In this edition of Real Florida Divorce Cases, we examine the appellate case Raton v. Wallace, 207 So.3d 978 (Fla. 5th DCA 2016). From this case, we learn about attorney’s fee awards and the standard for contempt proceedings.
Posted by Nydia Streets of Streets Law in Divorce
Similar to the way a Miami divorce court awards alimony to a spouse who needs it, attorneys’ fees can be awarded to a lesser-earning spouse. This is so that both spouses have equal opportunities to obtain legal help in divorce cases despite a disparity in incomes.
Posted by Nydia Streets of Streets Law in Divorce
Pets are considered by many to be family members because of the bond and love shared between the owner and the pet. Florida divorce law, however, views pets are property to be awarded to one spouse or the other, a view that sometimes creates high conflict when spouses cannot agree in their Miami divorce to whom the pet should be awarded.
Posted by Nydia Streets of Streets Law in Divorce
A Miami divorce court is one of equity, which means in most cases, a judge has discretion to tip the scales of justice in favor of one party if it is fair and reasonable under the circumstances. A good illustration of this is the ability of a Florida divorce court to award setoffs and credits to a spouse upon the sale of the marital home.
Posted by Nydia Streets of Streets Law in Divorce
Income earned during marriage is considered a marital asset in your Miami divorce, and this includes retirement savings. Special rules apply to military retirement plans in a marriage of at least 10 years.
Posted by Nydia Streets of Streets Law in Divorce
In a Miami divorce, when does the “What’s yours is mine and what’s mine is yours” stuff stop once you’ve decided your marriage is over? Florida law is pretty clear on the cut-off date for classifying an asset or debt as marital or non-marital.
Posted by Nydia Streets of Streets Law in Divorce
Most of the focus in equitable distribution in a Miami divorce is usually on shared, marital assets and debts to be divided between spouses. But what about non-marital assets and debts in Florida?
Posted by Nydia Streets of Streets Law in Divorce
A common misconception in a Miami divorce is that title to an asset or debt controls who owns property or owes a liability. The fact is title does not change the marital nature of the asset or debt if it was acquired during the marriage.
Posted by Nydia Streets of Streets Law in Divorce
It is possible that before your Miami divorce is finalized, the court could preliminary distribute some of your marital assets and debts. This is called an interim distribution and there are specific requirements that need to be met in order for it to happen.
Posted by Nydia Streets of Streets Law in Divorce
As part of your Miami divorce, if there are marital assets or debts to divide, the court is required to make written findings in its order that clearly identify non-marital assets; identify and value marital property along with who is awarded the same; indicate and assign marital debts to the spouses; and include any other statements that help someone reading the order to understand why the court distributed the assets and debts in the manner it did. Once you have this order, what’s its effect?
Posted by Nydia Streets of Streets Law in Divorce
A Miami divorce lawyer commonly hears the question “What happens to my stuff when I get divorced?” Equitable distribution is the division of marital debts and assets during divorce. The word “equitable” doesn’t always mean equal in a Florida dissolution of marriage.
