Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
Parties are understandably emotionally invested in the outcome of their divorce case. Sometimes this leads to erratic and unpleasant behavior which can negatively affect both parties. In the case Rawson v. Rawson, No. 1D17-1413 (Fla. 1st DCA 2019), we see how such behavior can affect a judge’s ruling on issues such as alimony and equitable distribution.
Posted by Nydia Streets of Streets Law in Florida Divorce
Are wedding and engagement rings subject to equitable distribution in a Florida divorce? These assets can hold significant value, so it is no wonder couples seek division of them in a Florida family law case. A recent appellate case, Moody v. Newton, 5D17-1967 (Fla. 5th DCA 2019) answers this question.
Posted by Nydia Streets of Streets Law in Florida Divorce
Discovery in a Florida divorce refers to a process in which each party is entitled to request documents and other evidence to explore the issues in the case. This is the time when each party investigates issues raised in the petitions. One way to investigate is to send subpoenas for information from third parties such as banks, employers and the like. But what limits are imposed on the information that can be obtained by third parties?
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida family law allows for the payment of attorneys’ fees and costs based on need and ability to pay. So even the “winner” of a family law case may be required to pay the other party’s attorneys’ fees and costs based on principles of equity. The playing field is leveled in this way so that one party does not have the ability to hire a lawyer while the other must proceed without counsel. However, before attorneys’ fees and costs are ordered to be paid, there must be findings as to a party’s need for them and the other party’s ability to pay them.
Posted by Nydia Streets of Streets Law in Florida Divorce
The terms of a Florida marital settlement agreement are enforceable and subject to interpretation like any other contract. So when terms of a marital agreement are clear, a court will enforce them. This is illustrated in the recent appellate case Rector v. Rector, 2D17-3651 Rector v. Rector (Fla. 2d DCA 2019) in which the former wife appealed an order denying her motion for temporary fees to enforce the final judgment.
Posted by Nydia Streets of Streets Law in Florida Divorce
It is important for parties to bring court reporters to their Florida family law hearings as a type of insurance. This is because if you want to appeal a family court ruling, you usually cannot do so without a transcript of the proceedings. This is illustrated in the case Joyner v. Worley, 1D17-3540 Joyner v. Worley (Fla. 1st DCA 2019) in which the former husband appealed an order but did not provide a transcript of the proceedings.
Posted by Nydia Streets of Streets Law in Florida Divorce
The year in appellate cases started off strong with the case Julia v. Julia, 4D17-2261 (Fla. 4th DCA 2019) in which the former husband appealed an array of issues in his Florida divorce ranging from equitable distribution to child support to alimony. Ultimately, the former husband prevailed on appeal on the issues raised.
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a party subpoena all medical records in a Florida divorce? The answer depends on what is at issue in the case, and whether or not the party requesting the records has a good reason for being entitled to them. Take the case Brooks v. Brooks, 239 So.3d 758 (Fla. 1st DCA, 2018) in which the wife subpoenaed the husband’s medical, psychotherapist, pharmacy and employment records based on her allegations of domestic violence and the husband’s angry tirades during custody exchanges.
Posted by Nydia Streets of Streets Law in Florida Divorce
Divorce can be a process that is filled with animosity. Adding adult children to the opposition no doubt adds to this animosity. The case Perez v. Perez, 238 So.3d 422 (Fla. 5th DCA 2018) presents a situation in which the former wife felt she had no choice but to sue her adult children over property that was at issue in her Florida divorce.
Posted by Nydia Streets of Streets Law in Florida Divorce
We see time and time again how language in a Florida marital settlement agreement can be interpreted in multiple ways. Ultimately, how the court interprets the language is what controls, and how the court arrives at that decision is based on established Florida law. In the case Wells v. Wells, 239 So.3d 179 (Fla. 2d DCA 2018), an issue arose regarding the interpretation of a clause of a marital settlement agreement which gave the ex-wife possessory rights over the marital home for what turned out to be a disputed length of time.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a business interest needs to be divided in a Florida divorce, parties are usually required to hire a forensic accountant to provide expert testimony as to the value of the business, and the accountant usually values it based on the assets held by the business as well as the goodwill associated with the business. In the case Soria v. Soria, 237 So.3d 454 (Fla. 2d DCA 2018), the former husband appealed the trial court’s decision to value his business interest based on the par value of the stock in the business.
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida divorces that include substantial assets and income often include claims for alimony and complicated equitable distribution. Such was the case in Burnett v. Burnett, 237 So.3d 447 (Fla. 1st DCA 2018) in which the former husband appealed a final judgment awarding permanent alimony, requiring him to maintain life insurance to secure the alimony award and requiring him to pay 100% of the former wife’s attorneys’ fees and costs.
Posted by Nydia Streets of Streets Law in Florida Divorce
A supportive relationship can affect an alimony award before it is even established. That is what happened in the case Bruce v. Bruce, 243 So.3d 461 (Fla. 5th DCA 2018) where at the time of trial, the former wife was residing with her boyfriend.
Posted by Nydia Streets of Streets Law in Florida Divorce
Many married couples acquire several assets throughout their marriage. From small to large items, if assets have value, they can be considered in a Florida divorce case. In the appellate matter Price v. Price, 233 So.3d 525 (Fla. 2d DCA 2018), the former wife appealed a trial court order which failed to distribute certain personal property between the parties.
Posted by Nydia Streets of Streets Law in Florida Divorce
Discovery in a Florida family law case involves the exchange of documents and other evidence which each party uses to build his/her respective case. Generally each party is required to timely comply with discovery requests unless there is a valid objection raised. Failure to follow orders compelling discovery can result in a party’s defenses and claims being stricken, which means the party cannot request certain relief at trial.
Posted by Nydia Streets of Streets Law in Florida Divorce
Are parties sometimes dishonest in Florida family law cases? Of course, but it usually does not turn out well for them. Take the case Brunsman v. Brunsman, 232 So.3d 1175 (Fla. 5th DCA 2018) in which the appellate court actually noted, “While we are compelled to reverse portions of the final judgment, we note that many of the issues resulted from Former Husband’s lack of veracity and the parties’ failure to provide the court with the information necessary to make a sound decision.”
Posted by Nydia Streets of Streets Law in Florida Divorce
Mistakes can happen in a Florida divorce which is why it is important to know the rules and to be vigilant in appealing. In the recent appellate case Julia v. Julia, 4D17-2261 (Fla. 4th DCA 2019), a litany of issues were appealed by the former husband which he argued were major mistakes made in his divorce case. He ended up prevailing on many of the issues.
Posted by Nydia Streets of Streets Law in Florida Divorce
Divorce can be a very costly process if both parties are not in agreement with how to resolve their differences. In some cases it is more costly because experts such as real estate appraisers, guardian ad litems, and vocational evaluators are needed to make assessments in a case. Forensic accountants may also add to the bill. How do you know if you need one?
Posted by Nydia Streets of Streets Law in Florida Divorce
Who knew that Florida family law cases would allow attorneys to flex their math skills? One recent appellate case puts those skills to the test where a trial court apparently had difficulty calculating the marital portion of a retirement account.
Posted by Nydia Streets of Streets Law in Florida Divorce
Two issues are discussed in the recent appellate case Bro v. Bro, 2D18-31 (Fla. 2d DCA 2018), specifically: (1) whether it was proper for the trial court to direct division of the assets of a corporation owned by the parties and (2) whether it was proper for the court to award a portion of a significant tax refund to the former husband. The appellate court ultimately reversed the trial court’s ruling on both issues.
