Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse’s separate property become marital or jointly-owned property during the marriage? Florida law recognizes a concept known as donative intent which means a spouse shows intent to gift separate property to the other spouse. This was an issue in the case Bernstein v. Bernstein, 4D21-2480 (Fla. 4th DCA April 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
If it is not possible to comply with the terms of a Florida final judgment of divorce, what can be done? For example, if an order requires a party to transfer assets which are subject to federal law, and the order contradicts how federal law requires a transfer to occur, what is a party to do to avoid contempt? This was an issue in the case Leger v. Leger, 4D22-1669 (Fla. 4th DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Generally, the clear and unambiguous terms of a Florida marital settlement agreement will be enforced despite unfair terms. Courts are not free to re-write an agreement reached by the parties. In this way, marital settlement agreements are enforced much like other types of contracts in Florida. This was an issue in the case Rosen v. Rosen, 4D22-922 (Fla. 4th DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a joint pretrial statement in a Florida family law case? This is a document jointly filed by the parties which contains their agreement regarding certain issues in the case, such as facts which are not in dispute and a listing of the issues for the court to decide at trial. A joint pretrial statement is binding on the court and the parties, so when action is taken that is contradictory to the statement, error might occur. This was an issue in the case Waite v. Milo-Waite, 4D22-423 (Fla. 4th DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a partition in a Florida divorce? This is a request to divide interest in property jointly owned by the divorcing couple. Can a partition or forced sale be ordered prior to a final judgment of divorce being entered? This was an issue in the case Blew v. Blew, 4D22-2127 (Fla. 4th DCA March 29, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Filing your petition for divorce in Florida is the first step to getting the court to decide the issues in your case. Because the law requires that you give notice to the court and the opposing party about the issues that need to be decided, the wording of your petition is important. When you get to trial, it is also important that you let the court know about everything you are asking for, or you could be deemed to have waived your requests. This was an issue in the case Stephanos v. Stephanos, 4D21-2782 (Fla. 4th DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can equitable distribution and alimony overlap in a Florida divorce? This is possible, for example, when a court awards a party a greater share of marital assets as a form of lump sum alimony. This was an issue in the case Goodman v. Goodman, 6D23-248 (Fla. 6th DCA February 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens to student loans taken out during the marriage for adult children of a divorcing couple? If the either or both parents co-signed for the loan during the marriage, this is most likely going to be considered a marital debt which is jointly owed by the parents. How does this affect the equitable distribution during the divorce when considering that the loan may also be eventually paid by the adult children? This was an issue in the case Dunkel v. Dunkel, 5D23-55 (Fla. 5th DCA February 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What constitutes a settlement offer versus an invitation to negotiate in a Florida family law case? Sometimes, lawyers will send offers of settlement to each other to try to resolve the case. When correspondence about these offers indicates it is “not an offer”, this may be an indication that it is only an invitation to negotiate. This was an issue in the case Vera v. Toledo, 3D22-0969 (Fla. 3d DCA March 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
A corporate entity is sometimes included as a party in a Florida divorce when a spouse has an ownership interest in the entity. This is because the rights of the corporation may be affected by the divorce proceedings. This was an issue in the case Maddox v. Maddox, 2D21-517 (Fla. 2d DCA February 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Distribution of cryptocurrency in a Florida divorce is becoming more common. Florida Statute 61.075 governs how assets and debts of the parties are divided when there is a divorce. In the case Coe v. Rautenberg, 4D22-510 (Fla. 4th DCA February 15, 2023) an issue arose when the trial court incorrectly distributed bitcoins between the parties after the former husband fell behind on his child support payments.
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens to marital funds in a college savings account established for a child when there is a divorce? While it is not required that parents pay college tuition for a child in Florida, a college savings account can be awarded to one parent in equitable distribution as a trustee of funds for the child. This was an issue in the case Aronoff v. Aronoff, 4D21-3305 (Fla. 4th DCA February 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida family court set aside a final judgment any time? There are deadlines and procedures to be followed in vacating a Florida family law order. Failure to follow those deadlines and procedures may mean an order vacating an order is invalid. This was an issue in the case Padron v. Padron, 3D22-2146 (Fla. 3d DCA February 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a lien be placed on property for unpaid alimony in a Florida divorce case? The answer depends on whether special circumstances exist for imposition of a lien. This was an issue in the case Kritzman v. Kritzman, 3D21-624 (Fla. 3d DCA February 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse be stopped from selling assets while a divorce case is pending? In most cases, yes. This is because there is an order in place in most Florida jurisdictions that mandates that parties must maintain the status quo. A spouse may be worried that assets are being disposed of, and there is relief that can be sought to prevent this. This was an issue in the case Lanigan v. Lanigan, 4D22-727 (Fla. 4th DCA January 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is a specific pleading needed for an award of attorney’s fees in a Florida divorce? Generally, as long as a party is on notice that he or she may be required to pay attorney’s fees, specific language may not be required. This was an issue in the case McArdle v. McArdle, 4D22-346 (Fla. 4th DCA January 11, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
How is a retirement account divided in a Florida divorce? Usually, the marital portion is divided, and this consists of the value of the account on the date of filing for divorce minus the value of the account as of the date of marriage. The value of the account as of the date of marriage is considered the separate, non-marital property of the spouse who owns the account. How about interest on the non-marital portion of the account? This was an issue in the case Balazic v. Balazic, 5D21-1804 (Fla. 5th DCA December 22, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What can a Florida divorce court do if the value of an asset is unknown at the time equitable distribution is decided? With a pension, for example, the value of the account can be assigned or expressed as a percentage based on the years of marriage. This was an issue in the case Cupo v. Cupo, 4D22-64 (Fla. 4th DCA December 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a house is sold in a Florida divorce case, is a party entitled to credits for payments made toward the house pending the sale? A party might be able to claim credits for expenses paid on the home if there is an agreement to that effect or the court determines the credits are equitable.
Posted by Nydia Streets of Streets Law in Florida Divorce
Does a divorce case filed in another country stop a Florida divorce case from proceeding between the same parties? The answer depends on many factors, but generally just because a divorce case is filed elsewhere does not mean Florida does not also have jurisdiction to decide issues related to the divorce. This was discussed in the case Lee v. Lee, 2D21-1171 (Fla. 2d DCA November 30, 2022).
