Posted by Nydia Streets of Streets Law in Florida Divorce
Attorney’s fees in a Florida divorce can be awarded based on the relative financial circumstances of the parties or misconduct in litigation. When they are awarded based on financial circumstances, a court must consider the need of the spouse asking for fees to be paid as well as the ability of the other spouse to pay. Misconduct can also be considered in awarding fees based on financial circumstances. This was an issue in the case Rich v. Rich, 2D19-2721 (Fla. 2d DCA August 31, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What date is used to value marital assets in equitable distribution? The Florida statutes give a judge discretion in choosing the valuation date as “is just and equitable under the circumstances. Different assets may be valued as of different dates, as, in the judge’s discretion, the circumstances require.” § 61.075(7), Fla. Stat. (2018). This was an issue in the case McGowan v. McGowan, 1D21-966 (Fla. 1st DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Military Divorce
What is the difference between military disability pay and military retirement pay as it relates to a Florida divorce? One can be treated as property for equitable distribution purposes and the other cannot. This was an issue in the case Martin v. Martin, 1D21-2647 (Fla. 1st DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
Can future circumstances affect a current alimony calculation in a Florida divorce? Generally, a court can only consider current circumstances at the time of trial in establishing an alimony payment. When circumstances change, a party may be able to petition for modification once the change occurs. Consideration of future circumstances was an issue in the case Inman v. Inman, 4D21-2265 (Fla. 4th DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
How long does a party have after a Florida divorce is finalized to set it aside? It depends on why the order is being set aside. If it is for mistake, inadvertence, or excusable neglect, for example, the rules say up-to one year. What is the difference between a motion to set aside and a motion for enforcement? This was an issue in the case Mandelko v. Lopresti, 4D21-2041 (Fla. 4th DCA August 17, 2022).
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
When can a party ask to re-open the evidence so that additional witnesses and evidence can be submitted to the court after a hearing is over? This is essentially a request for a second chance to present evidence to the court that may have been missed. The circumstances under which this request will be granted were discussed in the case Allen v. Allen, 1D21-2652, (Fla. 1st DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
A party who removes money from a marital retirement account while a Florida divorce case is pending may be in violation of what many jurisdictions call a status quo order. This order requires that the parties not disrupt the customary status of the parties by canceling utilities, running up debt on joint credit cards and more. The status quo was part of the issue in the case Erskine v. Erskine, 1D20-707 (Fla. 1st DCA July 27, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
The intentional waste, depletion or destruction of marital property can be taken into consideration when a court divides assets and debts between divorcing spouses. A spouse who withdraws marital money from a bank account can be held responsible for the amount withdrawn even if the amount is put into an irrevocable trust. This was an issue in the case Collier v. Collier, 1D19-2070 (Fla. 1st DCA July 27, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can arbitration be ordered or forced in a Florida divorce case? Some issues in a Florida family law case cannot be decided in binding arbitration, but others can be if agreed-to by the parties. Disputed ownership of a corporate entity during divorce was an issue in the case Malek v. Malek, 3D21-2451 (Fla. 3d DCA July 20, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a qualified domestic relations order (QDRO) in a Florida divorce? This is an order, separate from a final judgment of divorce, that instructs a retirement plan administrator on how to divide a retirement account or pay money from a retirement account to a spouse. It is a specialized order with specific formatting and wording that may vary among different retirement accounts. The entry of a QDRO was an issue in the case Travis v. Travis, 5D20-2617 (Fla. 5th DCA July 1, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What are some mistakes that can happen in a Florida divorce case? When issues such as equitable distribution, alimony, attorney’s fees and child custody are being decided, it is possible for the court to make a mistake in its ruling. Some common mistakes were at issue in the case Arzillo v. Arzillo, 2D21-603 (Fla. 2d DCA June 29, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can I cash out my retirement account during my Florida divorce? Sometimes, parties deplete their savings, including retirement accounts, while a divorce case is pending. This is because unexpected and major expenses may arise such as attorney’s fees and increased living expenses. A party might fear that if he or she uses the money in retirement accounts, those amounts will be counted against him/her in equitable distribution, or the court may otherwise “punish” the party for doing so. This was an issue in the case Petrinic v. Petrinic, et. al., 4D21-1319 (Fla. 4th DCA June 22, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Under Florida Rule of Family Law Procedure 12.540(b), a party can ask the court to set aside a court order based on: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment is void; or (5) that the judgment has been satisfied, released, or discharged, or a prior judgment on which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application. This rule states “The motion must be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, order, or proceeding was entered or taken; except that there will be no time limit for motions based on fraudulent financial affidavits in marital or paternity cases.” The timing of a hearing on this type of motion was an issue in the case Brooks v. Brooks, 3D21-1693 (Fla. 3d DCA June 8, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a directed verdict in a Florida family law case? This is when the court declines to allow a party to present evidence and testimony about his or her case, and instead rules based on what has been presented by way of evidence from one side and perhaps argument from both sides. When is it proper for a court to grant a directed verdict? This was an issue in the case Olguin v. Torrecilla, 2D20-3509 (Fla. 2d DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Will I be required to pay a Florida family law judgment in one lump sum? This is a question often asked by a party ordered to pay child support arrears, retroactive support or attorney’s fees. Whether or not a party has to pay a lump sum depends on the funds available to that party. This was an issue in the case Nizahon v. Nizahon, 4D21-1765 (Fla. 4th DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
How much in temporary attorney’s fees will a court require a party to pay in a Florida divorce? Determination of attorney’s fees is on a case-by-case basis, and the court must primarily analyze a party’s need for fees and the other party’s ability to pay fees. This was an issue in the case Hasson v. Hasson, 4D21-1282 (Fla. 4th DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What will happen in my Florida divorce case? This is a question many wonder as they face the dissolution of their marriage. It may bring worry, anxiety and fear as you approach the unknown. But learning about what you can expect in a Florida divorce can help ease these feelings. One way to learn about what to expect is by reviewing Florida family law appellate cases. A recent case discusses equitable distribution and alimony requirements in a Florida divorce case: Smith v. Smith, 1D20-2419 (Fla. 1st DCA May 18, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
One party can be ordered to pay the other party’s attorney’s fees and costs for failure to comply with a Florida divorce judgment. Before a court can award fees and costs, it has to make certain findings such as the reasonableness of the amount of fees requested. This was an issue in the case Merriman v. Adler, 5D21-2372 (Fla. 5th DCA May 13, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are gifts given to a spouse during the marriage considered marital assets? Generally gifts are the separate property of the recipient spouse, excluding interspousal gifts (gifts given by spouses to each other during the marriage). The classification of a gift was an issue in the case Twigg v. Twigg, 2D21-543 (Fla. 2d DCA May 6, 2022).
