Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
In order for a court to award attorney’s fees and costs to one party in a Florida divorce, competent and substantial evidence must be presented to the court by the party asking for the fees. This usually includes attorney invoices showing the specific rate of the attorney, the tasks performed by the attorney and the time spent on each task. This was an issue in the case Schreiber v. Schreiber 5D20-2684 (Fla. 5th DCA December 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
As part of equitable distribution in a Florida divorce, the court is usually required to consider tax consequences in the division of assets and debts. If attorney’s fees are awarded in a divorce, a court can order that interest be paid. What interest rate is used? These were issues in the case Bathke v. Costley, 5D20-2522 (Fla. 5th DCA December 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a motion for disqualification in a Florida divorce case? This motion is one which argues that a person or entity should not be involved in the case because of a bias or prior representation which creates conflict. In the case Meruelo v. Meruelo, 3D21-2204 (Fla. 3d DCA January 5, 2022), this motion was filed to disqualify a forensic accountant hired by the wife in a divorce case.
Posted by Nydia Streets of Streets Law in Florida Divorce
How many days of notice must be given before a trial proceeds in a Florida divorce case? According to the Florida Rules of Civil Procedure, a trial cannot be set less than 30 days from the date a notice for trial is issued. This was an issue in the case Damas v. Rappleye, 3D21-684 (Fla. 3d DCA December 29, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What are some things a court considers when awarding attorney’s fees and costs to a party in a Florida divorce case? One consideration is the reasonableness of the fee amount claimed by an attorney and the number of hours spent by the attorney on certain tasks. This was an issue in the case Haskell v. Haskell, 2D21-214 (Fla. 2d DCA January 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
For many reasons, couples who are married may decide to separate but not file for divorce. What are the consequences of remaining married to someone to whom you do not intend to remain married? Since marriage creates joint legal obligations, waiting to divorce may open both parties to alimony and equitable distribution claims which may not have existed had the parties divorced at the time they separated. This was an issue in the case Fiala v. Fiala, 4D21-1185 (Fla. 4th DCA January 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party does not meet his or her obligations under a Florida marital settlement agreement, he or she may be held in contempt of court or face enforcement proceedings. Before a party can be held in contempt, the court must determine that the terms of an order are clear and definite so as to put both parties on notice of what they are required to do (or not do). This was an issue in the case Kovic v. Kovic, 4D21-55 (Fla. 4th DCA January 5, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Summary judgment as to certain issues in a Florida family law case can be granted. A summary judgment means there are no disputes as to material issues of fact, and therefore it is not necessary to have a trial, and the judge can just decide the merits of the case based on testimony and other evidence that has been provided. This was an issue in the case Rich v. Rich, et. al., 2D20-440 (Fla. 2d DCA January 14, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party violates a Florida marital settlement agreement, what remedies are available to the other party? Depending on what provision of an agreement was violated, the innocent party may be able to move for contempt or enforcement. This was an issue in the case Smith v. Short, 2D20-3506 (Fla. 2d DCA December 29, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a continuance in a Florida family law case? This is a postponement of an event such as a hearing. If a continuance is granted, it usually means the original hearing date is cancelled and is or will be rescheduled for a later date. Continuances are within the discretion of the trial court judge, but there are certain considerations that must be taken into account when considering a request for continuance. This was an issue in the case Kalke v. Kalke, 2D20-3594 (Fla. 2d DCA December 29, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
An unequal division of martial assets and debts in a Florida divorce must be supported by certain findings made by a judge. When a party claims he or she contributed non-marital funds to a marital asset, the burden is on that party to prove the contribution was not a gift to the other spouse. This was an issue in the case Chatten v. Chatten, 4D21-694 (Fla. 4th DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse cannot be located, how does the other spouse get a divorce in Florida? The spouse who cannot be located may be served by publication. This means notice of the case is published for four consecutive weeks in a local newspaper to put the absent party on notice that a case is pending. There are specific requirements for the notice if real property is involved. This was an issue in the case Contreras v. Contreras, 3D21-1226 (Fla. 3d DCA December 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the test for determining if a marital asset has been dissipated? Dissipation refers to a spouse’s intentional waste or depletion of a marital asset such as a bank account. If a spouse empties a bank account close to divorce and spends the money on frivolous items that do not benefit the marital household, this could be considered dissipation. This was an issue in the case Pflanz v. Pflanz, 1D20-2786 (Fla. 1st DCA December 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Family dogs can be a source of emotional conflict in a Florida divorce when the parties do not agree on who should keep the dogs. Pets are considered property in Florida, and therefore are subject to equitable distribution just like vehicles, houses, etc. This can be difficult for parties to understand since pets are viewed by many as family members. A dispute over family pets was one issue in the case Harby v. Harby, 2D20-2602 (Fla. 2d DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes, parties rely on loans or other financial assistance from family or friends to pay their legal fees in a Florida divorce case. Can the fact that a party has funds available to them from third parties be used as a basis to make that party pay the opposing party’s attorney’s fees in a Florida divorce case? This was one issue appealed in the case Whittaker v. Whittaker, 4D20-641 (Fla. 4th DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Payment of attorney’s fees and alimony are two issues that are common in Florida divorce cases. Whether a court will order one party to pay the other party’s fees, and whether alimony will be awarded depends on many factors. A common consideration in deciding both is need and ability to pay. Alimony and attorney’s fees were issues in the case Watrel v. Watrel, 1D19-3741 (Fla. 1st DCA November 10, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties “misbehave” in Florida family law cases, a court may have grounds to sanction those parties. The sanctions can include payment of the opposing party’s attorney’s fees and costs. Before this sanction can be imposed, a party is entitled to notice and an opportunity to be heard. This was an issue in the case Toth v. Miller, 2D20-863 (Fla. 2d DCA November 12, 2021).
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
Are parents in Florida required to pay for college education as part of child support? Generally, the law considers the obligation to pay college tuition a moral obligation rather than a legal obligation. This was one issue appealed in the case Douglas v. Douglas, 5D20-2574 (Fla. 5th DCA October 8, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Many Florida marital settlement agreements contain an attorney’s fee provision which allows a party who has to enforce the agreement to collect attorney’s fees from the party who is in violation of the agreement. Florida law introduced a statutory provision not long ago which makes contractual fee provisions reciprocal - that is if the party who is seeking fees loses, the other party could be awarded attorney’s fees. This issue was recently examined by the Florida Supreme Court in the case Levy v. Levy, SC20-1195 (Fla. October 7, 2021).
