Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party disputes that an asset acquired during the marriage is marital or jointly-owned property, it is that party’s burden to prove the non-marital nature of the asset. Assets acquired during the marriage are otherwise presumed to be marital despite whose name is titled on the asset. This was an issue in the case Douglas v. Douglas, 4D22-1144 (Fla. 4th DCA June 7, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes lack of detail in a final judgment of dissolution of marriage in Florida can cause confusion. The Florida Statutes require that certain issues be specified in a parenting plan such as time-sharing. In equitable distribution, a failure to specify how the court arrived at its distribution decision and/or classification of assets can disrupt the equities. These were issues in the case Brutus v. Giles, 5D22-223 (Fla. 5th DCA May 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered a marital debt? According to the Florida Statutes, “All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not specifically established as nonmarital assets or liabilities are presumed to be marital assets and liabilities.” Fla. Sta. 61.075(8). “The cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage.” Fla. Stat. 61.075(7). This was an issue in the case Reese v. Reese, 6D23-201 (Fla. 6th DCA May 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a marital settlement agreement is entered, parties usually rely on the financial affidavits and other documents provided to determine if they want to enter the agreement. When there is an accusation that someone hid assets or was not honest on a financial affidavit in a Florida divorce, a motion can be filed to challenge the agreement. This was an issue in the case Duke v. Duke, 4D23-165 (Fla. 4th DCA May 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Recently, the Florida Family Law Rules of Procedure were amended to state “To preserve for appeal a challenge to the failure of the trial court to make required findings of fact, a party must raise that issue in a motion for rehearing under this rule.” Fla. Fam. L. R. P. 12.530(a). Many provisions of a final judgment of divorce in Florida require certain findings to be made. This was an issue in the case Innocent v. Innocent, 4D22-985 (Fla. 4th DCA May 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a lis pendens in a Florida divorce? This is a document filed that gives notice to the public that ownership or other issues are being litigated regarding a property. So if a spouse files a lis pendens in the public records, this is to put any prospective buyers of the property on notice that ownership to the property is disputed. The lis pendens is usually removed once a final judgment of divorce is entered settling the parties’ property rights. A lis pendens was at issue in the case Ivey v. Ivey, 6D23-694 (Fla. 6th DCA April 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a motion for stay in a Florida family law case? This is a motion that asks the court to pause the case. Sometimes this is necessary to address an issue that is preventing a party from fully participating in the case such as health issues. If a party disagrees with a judge’s decision to stay a case, they may be able to have this issue reviewed by the appellate court as was the case in Williams v. Williams, 5D23-478 (Fla. 5th DCA May 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
In what division of the court should a post-judgment family law case be filed? When there are civil remedies available to a party as a result of a contract entered in a divorce, for example, a party might wish to file in the general civil division rather than the family division because there may be certain remedies available. However, if a party files in the wrong division, should the case be dismissed? This was an issue in the case Chickering v. Bawa, 4D22-2180 (Fla. 4th DCA May 3, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse is awarded the marital home in a Florida divorce, the court may require that spouse to refinance to remove the other spouse from the note and/or mortgage. How long does the spouse have to refinance? This was an issue in the case Viera v. Viera, 3D21-1459 (Fla. 3d DCA April 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
In Florida, an alimony award is based on need and ability to pay - the need of the spouse asking for alimony and the ability of the other spouse to pay it. There is no calculator for alimony like there is for child support in Florida. According to the Florida Statutes, “The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.” Fla. Stat. 61.08(9). This was an issue in the case Tucker v. Tucker, 4D22-1891 (Fla. 4th DCA April 19, 2023).
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).
