Miami family law attorney blog
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Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attendance at court via Zoom has become a common part of Florida family law cases in the last year or more. Sometimes, technology fails and as a result this can affect a person’s ability to participate in a hearing held by videoconferencing. When this happens, a party may have grounds to set aside an order entered against the party. This was an issue in the case Soles v. Burke, 4D20-1968 (Fla. 4th DCA August 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long does a party have to serve the other party with his or her petition in a Florida family law case? According to the rules of procedure, a party has 120 days before the court can issue a notice that service must occur within a certain amount of time or the case will be dismissed. This was an issue in the case Carlos v. Carlos, 4D20-2236 (Fla. 1st DCA August 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can you amend your Florida family law petition? Sometimes parties forget to ask for certain relief in their pleadings such as alimony. If relief is not requested in a petition, it usually cannot be granted by the court. This is why permission to amend pleadings are liberally granted. But there are limits. This was an issue in the case DiGiacomo v. Mosquera, . 3D20-463 (Fla. 3d DCA June 16, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In order for a family law proceeding to be considered fair, a party must receive notice of the proceedings. This is a fundamental part of what is known as due process. Notice of a family law proceeding starts with service of the petition and a summons on a party. This personal service is usually required before a court can make decisions that affect a person’s life, property or freedom. This was an issue in the case Swarek v. Lindsay, 1D20-3093 (Fla. 1st DCA May 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are exceptions to a general magistrate’s report in Florida family law cases? This is essentially an appeal of the general magistrate’s findings and/or recommendations to the judge in a case. When a party files a motion for exceptions, he or she may be required to provide a transcript of the hearing that was held before the general magistrate. But the transcript is not always required, as noted in the case Jean v. Jean, 2D19-4137 (Fla. 2d DCA May 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when your family law case is assigned a new judge after a trial is held but before the final judgment is signed by the original judge? This happened in a recent family law case, in which an appeal was taken after a new judge signed a final judgment on behalf of the original judge. The case is Bedwell v. Bedwell, 2D20-1305 (Fla. 2d DCA May 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when what a judge says at a hearing conflicts with what is written in the final judgment? Generally, the judge’s oral ruling controls, and if there is a discrepancy or inconsistency in the final judgment, it may be necessary to file a motion for amendment or for clarification. Errors in a final judgment of divorce were appealed in the case Karkhoff v. Robilotta, 4D19-2947 (Fla. 4th DCA December 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is discovery in a Florida divorce? This is a process in which parties seek information to support his or her side of the case. For example, in discovery parties may request of each other paystubs and bank statements for purposes of discovering the other parties’ income for calculation of child support. Can a party object to discovery? Maybe, and whether or not the objection will be sustained depends on the nature of the discovery sought, among other factors. This is illustrated in the case McCloud v. Tackett 1D20-1782 (Fla. 1st DCA December 10, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a charging lien in a Florida family law case? This is a lien asserted by a lawyer against a client or former client concerning money owed by the client to the lawyer. There are specific requirements that must be met before a court can impose a charging lien in favor of a lawyer. The case Lubitz v. Schenden, 4D19-2420 (Fla. App. 2020) goes over those requirements.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In a Florida divorce, parties are sometimes able to resolve their differences without the help of a mediator and without the court making a decision in their case. When the parties reach an agreement themselves, they might agree to announce in front of the judge while in court their agreement for the record. After this is done, the agreement is reduced to writing and signed by the parties or the judge enters an order memorializing the terms of the parties’ agreement. In the case Fine v. Fine, 4D20-395 (Fla. 4th DCA November 25, 2020), the former wife appealed the trial court’s failure to include in a final judgment certain terms announced by the parties in court.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party who fails to pay alimony or child support in Florida may face jail time if the failure to pay is willful. There are a number of requirements that must be met before a contemnor is arrested. The case Martin v. Eldemire-Martin, 4D19-3398 (Fla. 4th DCA November 12, 2020) outlines some of those requirements.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens if a party wants to appeal a general magistrate’s ruling in a Florida family law case? First the party is usually required to file a motion for exceptions to the general magistrate’s report within a certain amount of time. Doing so allows the trial judge to review the general magistrate’s ruling and decide whether or not an error was committed. We review this procedure in the case Langsetmo v. Metza, 4D19-2138 (Fla. 4th DCA November 4, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Pro se litigants in Florida family law cases are parties who are not represented by a lawyer. They are representing themselves, and even if they are not familiar with rules of procedure or the law, they are usually held to the same standard as a lawyer in conducting themselves in the case. This is why it may not be ideal to proceed pro se. The case Duhamel v. Duhamel, 2D18-4020 (Fla. 2d DCA September 5, 2020) is an example of how self-representation can cause complications.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Even if Florida is determined to be the home state of a child in a Florida child custody proceeding, the Florida courts may not be convenient because the child and one parent live in a different state. If this is the case, a parent may file a motion to dismiss based on forum non conveniens. This was at issue in the case Murphy v. Collins, 3D20-658 (Fla. 3d DCA September 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When is it proper to disqualify a judge in a Florida family law proceeding? When a party has a reasonable basis to believe he or she will not receive an impartial ruling from a judge based on the judge’s conduct or statements, disqualification may be appropriate. This was an issue in the case Murphy v. Collins, 3D20-0672 (Fla. 3d DCA July 22, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A parent’s passport can be held by the court to compel compliance with, for example, child support obligations. However, certain procedural requirements must be met in order to divest a parent of his or her passport. This was an issue in the case Sosa v. Portilla, 3D20-475 (Fla. 3d DCA July 22, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
COVID-19 brought changes to the world, and many of us had to adjust to a new way of life which includes videoconferencing instead of in-person meetings. As many courts continue to hold hearings via video, rather than in-person, the requirements regarding allowing testimony by electronic means has not been an issue so much as it may be in the future or was in the past. In the case A.V. v. T.L.L., 2D19-530 (Fla. 2d DCA August 7, 2020), the father in a paternity case took issue with the court allowing testimony of a witness by telephone.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are the reasons a Florida family law order will be set aside? There are various ways to challenge a court order, and knowing which way is best is the key to optimizing your chances of success on a motion to vacate an order. In the case Romero v. Brabham, 4D19-3769 (Fla. 4th DCA July 22, 2020), the former wife challenged an order holding her in contempt after she did not appear at a hearing.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens if a party does not show up to a hearing in his or her Florida family law case if the party’s appearance is required? Since the testimony and evidence of the party who does show up may be unopposed, the Court can order relief against the missing party that may not be favorable. This happened in the case Barrett v. Busser, 2D19-1744 (Fla. 1st DCA August 7, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Parties can agree in their Florida marital settlement agreement that if future litigation is initiated by either party, the party who “wins” will have his or her attorney’s fees paid by the other party. This is referred to as a prevailing party clause. Must a Florida family court enforce this clause? This was at issue in the case Levy v. Levy, 3D19-73 (Fla. 3d DCA July 15, 2020).
