Posted by Nydia Streets of Streets Law in Florida Divorce
What are commingled funds in a Florida divorce? If a party claims certain funds are non-marital, separate property, but those funds are deposited into an account jointly owned by the parties or an account which contains marital funds, the funds claimed to be non-marital and separate are considered commingled. Commingled funds are generally classified as joint, marital property, so by depositing funds in the wrong account, a spouse can unknowingly transform his or her separate property into joint property. This was an issue in Rogers v. Rogers, 2D21-719 (Fla. 2d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered intentional waste or dissipation of marital assets? Sometimes spouses do not agree on how money is spent. For example, one spouse may not approve of luxury purchases, and may argue that a spouse’s spending habits caused marital waste. Would this be enough for a Florida divorce court to award more than half of the marital assets to the disapproving spouse? The matter of intentional waste or dissipation was an issue in the case Hearn v. Hearn, 2D20-2522 (Fla. 2d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse in a Florida divorce lives outside of Florida, personal jurisdiction issues may arise. The spouse seeking a divorce in Florida may have issues getting relief from a Florida divorce court on any issue that requires personal jurisdiction (such as financial relief) if the other spouse has never lived in Florida or otherwise is not subject to jurisdiction in Florida. This was an issue in the case Fradera v. Fradera, 5D22-53 (Fla. 5th DCA November 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
How are temporary alimony and attorney’s fees decided in a Florida divorce? A ruling on these issues must be supported by competent, substantial evidence. A court will look at the need of the spouse asking for these temporary amounts and the ability of the other spouse to pay them.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the attorney-client privilege in Florida? This is the privilege a client holds to keep communications between the client and his or her lawyer confidential. The lawyer cannot be compelled to say what the client told the lawyer and vice versa, with few exceptions. How does this privilege come up in the context of Florida family law cases? Most often it is seen in discovery disputes.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a default is entered against a party in a Florida divorce case, what does this mean? Generally, it means the party who was defaulted did not answer the petition on time. The consequence is that the allegations in the petition are admitted, meaning the petitioner does not have to prove the allegations and they are taken as true. Application of this consequence is not so simple in family law cases. Child custody issues cannot be decided by default, for example.
Posted by Nydia Streets of Streets Law in Florida Alimony
The main aspects of determining an alimony claim in a Florida divorce revolve around need and ability to pay. That is the need of the spouse asking for alimony and the ability of the other spouse to pay it. To understand this analysis, it is important to accurately compute the income of each party. This was an issue in the case Leyte-Vidal v. Leyte-Vidal, 4D21-879 (Fla. 4th DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is interest awarded in a Florida divorce when the court divides assets between the parties? Pre-judgment interest refers to interest that may accrue before a final judgment is entered awarding property to a person. This was an issue in the case Iarussi v. Iarrusi, 1D21-0708 (Fla. 1st DCA October 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens when a Court’s oral ruling is different from the written order in a Florida family law case? Sometimes, a judge will rule one way orally at a hearing and ask the lawyers to prepare an order memorializing what the judge said. The order signed by the judge therefore may be different from what the judge said. According to a recent appellate case “When a trial court’s written order is inconsistent with its earlier oral pronouncement, the oral pronouncement generally controls and the written order must be reversed.” Johansson v. Johansson, 4D21-3343 (Fla. 4th DCA September 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a matter is heard by and ruled on by a general magistrate in a Florida divorce case, there are certain procedures that must be followed to challenge the general magistrate’s findings and recommendations. These must be raised within a certain period of time. Failure to challenge the general magistrate’s rulings correctly and timely may result in relief being denied. This was an issue in the case Edwards v. Alphonse, 4D21-2910 (Fla. 4th DCA August 31, 2022).
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).
