Miami family law attorney blog
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Divorce
Posted by Nydia Streets of Streets Law in Florida Divorce
If the value of the marital home increases after a final judgment of divorce is entered, can the equitable distribution be reconsidered to grant either party more equity in the home? This was an issue in the case Griffin v. Griffin, 1D2022-3095 (Fla. 1st DCA July 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens if there is a mistake in your Florida final judgment of divorce? It depends on if the mistake is mutual, meaning both parties agree and understand there was a mistake in the judgment. This was an issue in the case Ware v. Ware, 5D2023-0282 (Fla. 5th DCA June 14, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In Florida, assets acquired prior to marriage are considered non-marital assets. This means the assets are owned solely by one spouse rather than jointly by both. Unless the parties agree otherwise, it is usually an appealable issue if a court awards a non-marital asset to both spouses in a Florida divorce. This was an issue in the case Smoot v. Smoot, 1D2023-0698 (Fla. 1st DCA June 12, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida equitable distribution rules require the court to make certain findings. Without those findings, a Florida final judgment of divorce may be reversible on appeal. This was an issue in the case Hinojosa v. Hinojosa, 2D2023-0155 (Fla. 2d DCA May 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Imputing income to a party in a Florida divorce case requires specific findings to be made. Without these findings, a final judgment of divorce may be susceptible to reversal on appeal. This was an issue in the case Athea v. Athea, 3D22-519 (Fla. 3d DCA May 29, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Gross income cannot be used to determine a Florida alimony award. The court must look to the parties’ net incomes in assessing need and ability to pay alimony. This was an issue in the case Lopez v. Lopez, 4D2023-0726 (Fla. 4th DCA May 22, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce, equitable distribution is determined under Florida Statute 61.075. This statute provides guidelines for the classification of marital and non-marital assets and debts, among other guidance. Equitable distribution was an issue in the case MacPherson v. MacPherson, 6D23-373 (Fla. 6th DCA May 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a spouse forges the other spouse’s signature on a tax return, can the spouse whose signature is forged avoid liability for back taxes owed on the forged return? This was an issue in the case Deasy v. Deasy, 4D2023-0317 (Fla. 4th DCA May 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
When marital funds are used to pay down the mortgage on premarital real property, those funds may entitle the non-owning spouse to a credit in equitable distribution even if the property did not appreciate in value during the marriage. This was an issue in the case Escalona Socarras v. Bazan Vassallo, 3D23-1012 (Fla. 3d DCA May 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a Florida divorce case is pending, one spouse might remain in the jointly-owned marital home while the other spouse lives elsewhere. How does the court decide who is responsible for the mortgage or how a spouse is compensated for being excluded from occupying the residence? This is an issue briefly discussed in the case Charbonneau v. Charbonneau, 3D22-1507 (Fla. 3d DCA May 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Alimony and equitable distribution may be part of a Florida divorce case. Florida Statute Chp. 61.08 governs alimony awards, while Florida Statute Chp. 61.075 governs equitable distribution. Consideration of factors in these statutes is required when deciding these issues, Alimony and equitable distribution were issues in the case Duhamel v. Duhamel, 2D2022-4145 (Fla. 2d DCA April 26, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
The petition and the answer in a Florida family law case are some of the most important documents filed. Why? Because they frame the issues in the case and put everyone on notice about what is at stake. Florida law generally requires that both parties put all relief they are seeking in their petition or answer. Failure to do so may result in the court not being able to consider matters not raised in the pleadings. This was an issue in the case Sieberg-Shabbick v. Shabbick, 3D22-1694 (Fla. 3d DCA April 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Temporary support orders are entered in Florida family law cases to grant relief regarding alimony and child support before a trial is held. Trial can take several months or even years to reach, so temporary relief is a remedy that is vital for some parties. This was an issue in the case Johnson v. Johnson, 5D22-2800 (Fla. 5th DCA April 12, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Once a marital settlement agreement is entered and ratified by a final judgment in a Florida divorce, there are limited circumstances under which the agreement can be set aside. The standard is different from an agreement that is entered outside of litigation, such as a prenuptial or postnuptial agreement. A challenge to a marital settlement agreement entered over a decade prior was an issue in the case O’Hair v. O’Hair, 6D23-2424 (Fla. 6th DCA April 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can someone named as a creditor in a Florida marital settlement agreement sue as a third-party beneficiary to the agreement? For example, if an agreement states one spouse will pay a debt owed to a family member, can the family member sue the spouse for non-payment of the debt? This was an issue in the case Helmick v. Taylor, 2D22-3658 (Fla. 2d DCA April 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What justifies unequal division of assets and debts in a Florida divorce? The person seeking an unequal division has a high burden to meet. When parties live separate financial lives throughout their marriage, this may point to the parties’ intent to keep assets and debts separate. This was an issue in the case Price-Lawrence v. Lawrence, 2D22-2605 (Fla. 2d DCA March 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
If one spouse wants to keep the marital home but the other wants to sell it, what happens in a Florida divorce? If there are minor children involved and one spouse will maintain majority time-sharing with the children, this is a factor the court may consider in awarding exclusive use and possession of the home. This was an issue in the case Lowry v. Lowry, 5D22-2707 (Fla. 5th DCA March 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Words are important in a Florida marital settlement agreement. It is important to capture the true intent of the parties in the language used because not doing so may have unintended consequences. This was an issue in the case Bartolotta v. Bartolotta, 2D23-645 (Fla. 2d DCA February 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Records from a foreign bank account may be relevant to a Florida divorce case. Admitting these records into evidence requires that certain steps be taken. This was an issue in the caseVindel v. Stewart, 3D22-757 (Fla. 3d DCA February 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties are planning to divorce in Florida, they may wonder what rights they have to withdraw money from joint bank accounts. Parties may be concerned that a court can “punish” them for removing funds from an account or that if they do not remove the funds, the other spouse will remove them. How a court treated a spouse’s withdrawal of funds was an issue in Haslauer v. Haslauer, 1D2022-0191 (Fla. 1st DCA March 6, 2024).
