Posted by Nydia Streets of Streets Law in Florida Divorce
After a final judgment of divorce is entered in Florida providing for equitable distribution of assets and debts, what happens when one spouse later files for bankruptcy, thereby affecting the distribution scheme? This issue arose in the case Martinez-Noda v. Pascual, 3D19-1646 (Fla. 3d DCA April 1, 2020) in which the former husband appealed a judgment that modified equitable distribution agreed-to by the parties in their marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Divorce
How long must one reside in Florida before a petition for divorce can be filed? According to Florida Statute Chp. 61.021, “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” This residency requirement was at issue in the case Robinson v. Christiansen, 3D19-1709 (Fla. 3d DCA March 25, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Why is it important to have a court reporter at your final hearing in your Florida divorce case? For one, it may be difficult to appeal an adverse ruling made against you at the hearing without a transcript of what was said. Nonetheless, it may still be possible to appeal an order if it contains clear errors. This was the case in Diaz v. Diaz, 3D19-493 (Fla. 3d DCA March 18, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
If parties cannot agree on the split of assets and debts in a Florida divorce, the court decides the issue based on Florida law. Florida Statute 61.075 guides the court’s determination of equitable distribution. In Marconi v. Erturk, 4D19-2022 (Fla. 4th DCA March 18, 2020), the former wife appealed the trial court’s decision to decline to rule on equitable distribution.
Posted by Nydia Streets of Streets Law in Florida Divorce
After a long-term marriage in Florida, issues of alimony and equitable distribution are expected to play a part in a divorce proceeding. In Sager v. Sager, 4D19-1722 (Fla. 4th DCA March 11, 2020), the parties were married for 34 years by the time they divorced, and the trial court awarded the former wife an unequal distribution of marital assets, which the former husband appealed among other issues.
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce can sometimes become complicated when a marital asset is encumbered by multiple liens. This can be an issue even after the final judgment is entered or after the parties enter a marital settlement agreement. In the case Law v. Law, 3D18-1177 (Fla. 3d DCA March 4, 2020), the former wife sought to have the former husband follow the parties’ agreement as it relates to a debt on a marital asset.
Posted by Nydia Streets of Streets Law in Florida Divorce
Most Florida marital settlement agreements contain what is known as a default provision. This provision provides that when post-judgment litigation occurs such as enforcement or contempt, the prevailing party will be entitled to payment of his or her attorneys’ fees and costs by the losing party. In Christensen v. Christensen, 2D19-1292 (Fla. 2d DCA March 6, 2020), the former wife appealed the trial court’s denial of her fees despite such a provision in the parties’ marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Divorce
Property acquired before marriage in Florida is generally considered separate property. During the marriage, a party may unknowingly take steps which give a non-owning spouse interest in the party’s separate property. In the case Nathey v. Nathey, 2D19-441 (Fla. 2d DCA February 26, 2020), the issue of non-marital property was appealed after the parties’ divorce.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is self-employed or otherwise can deduct certain business-related expenses on that party’s tax return, this is an important consideration in determining alimony and child support in Florida. In the case Brown v. Norwood, 5D18-3836 (Fla. 5th DCA February 28, 2020), the court considered the appeal of a former husband who argued the trial court ignored evidence of his business expenses in calculating his income.
Posted by Nydia Streets of Streets Law in Florida Divorce
There may be certain tax liability associated with assets distributed to each spouse in a Florida divorce. This tax liability affects the value of assets being awarded in equitable distribution. That is why Florida law requires that such liability be taken into consideration when distributing assets and debts to each spouse. This issue arose in the case Sumlin v. Sumlin, 5D18-2701 (Fla. 5th DCA January 10, 2020).
Posted by Nydia Streets of Streets Law in Florida Divorce
Attorneys’ fees and costs can be ordered to be paid by the higher-earning party in a Florida family law case, and this includes fees that are incurred in appealing orders. The analysis that is required to make a determination of who should pay fees and how much is the same as fees awarded on the trial level. In the case Stewart v. Stewart, 1D19-0016 (Fla. 1st DCA February 3, 2020), the former husband appealed an order making him fully responsible for all of the former wife’s appellate fees.
Posted by Nydia Streets of Streets Law in Florida Divorce
An award of attorneys’ fees in a Florida divorce must include certain findings. The most common bases to award fees are misconduct by a party or a disparity of income between the parties. In the case Office v. Office, 4D18-2910 (Fla. 4th DCA January 8, 2020), the former husband appealed an order granting the former wife’s motion for enforcement and awarding her attorneys’ fees.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a court orders temporary alimony in Florida, such alimony can be ordered retroactively. If the court finds a party is voluntarily unemployed or underemployed, it can also order that income be imputed to a spouse. In Cura v. Cura, 3D18-1126 (Fla. 3d DCA January 2, 2020), the husband appealed an order on these two issues.
Posted by Nydia Streets of Streets Law in Florida Divorce
What does equitable distribution include in a Florida divorce? Generally, all assets and debts that were acquired from the date of marriage through the date of filing for divorce are going to be included in the equitable distribution scheme. In the case Dubose v. Dubose, 1D19-885 (Fla. 1st DCA December 20, 2019), the appellate court considered an appeal concerning an alleged error in the division of assets in the parties’ underlying divorce case.
Posted by Nydia Streets of Streets Law in Florida Divorce
The clear and unambiguous terms of a Florida marital settlement agreement are enforceable as a matter of law. This was reinforced in the recent appellate case Pack v. Wiechert, 1D18-3039 (Fla. 1st DCA December 10, 2019) in which the former wife appealed an order that conflicted with the terms of her marital settlement agreement.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is a party required to provide his or her mental health records to the opposing party in a Florida divorce? This issue arose in the case Laforest v. Laforest, 4D19-2189 (Fla. 4th DCA December 11, 2019) in which the husband appealed an order requiring him to produce his mental health records.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a family member loans money to a married couple, is that loan repayable by both parties at divorce? This was an issue in the case Burns v. Cole, 1D18-3979 (Fla. 1st DCA November 26, 2019) where the trial court characterized money given to a couple by the former husband’s mother as a loan, but ordered that the former husband would be fully responsible for repaying it.
Posted by Nydia Streets of Streets Law in Florida Divorce
If parties separate and one spouse moves to a different county than the other spouse, in which Florida county should the petition for divorce be filed? Florida law states venue is proper where the spouses last resided during their intact marriage with the intent to remain married. What if one spouse moved to another county to escape alleged domestic violence by the other spouse? This issue arose in the recent appellate case Dlin v. Dlin, 3D19-1042 (Fla. 3d DCA November 20, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida marital settlement agreement that was not ratified by a court order be enforced via a motion for contempt? In what was referred to by the appellate court as a “novel” case, a five-year lapse between an initial filing for divorce and a second petition for divorce created a tricky set of facts for a trial court to navigate in determining whether or not the former husband should be held in contempt of a marital settlement agreement. The case is Thilloy v. Ciccone-Capri, 3D18-1468 (Fla. 3d DCA November 27, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
When modifying a Florida divorce judgment, depending on what you are seeking to change, it is important to know the standard the court is obligated to use in deciding on your request. For example, modifying alimony or child support requires the court to review several similar factors, while modification of child custody in Florida requires the court to review other factors. In Suarez v. Suarez, 4D18-1148 (Fla. 4th DCA November 13, 2019), we see the standards applied to these types of modification.
