Miami family law attorney blog
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Procedure
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party faces a criminal contempt proceeding in a Florida family law case, that party may be subject to penalties that include jail time. Because of this, procedure must be followed very carefully to ensure a person has a fair trial. Fairness includes being able to call witnesses in a party’s defense. This was an issue in the case Willey v. Stillman, 5D20-1636 (Fla. 5th DCA December 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A question sometimes asked in Florida family law cases is “Will I be required to provide my medical records to the opposing party?” The answer depends on what is at issue in your case. Even if your medical records are deemed to be relevant, the Court still must recognize a party’s right to privacy regarding medical records. This was an issue in the case Whittington v. Whittington, 1D21-2117 (Fla. 1st DCA December 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
One party to a Florida family law case can be ordered to pay the other party’s attorney’s fees and costs under certain circumstances. One circumstance may be bad conduct and the other may be based on a difference in income between the two parties. Either way, a court must make specific findings concerning the amount of fees to be paid. This was an issue in the case Marcellus v. Marcellus, 4D20-1671 (Fla. 4th DCA October 27, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party seeks attorney’s fees on Florida Statute 57.105 against the other party in a Florida family law case, a court generally examines whether a motion filed is frivolous or without merit. This type of fee award can be granted upon request by one party or by the court’s own initiative. This was an issue in the case Pomelli v. Pomelli, 3D20-1029 (Fla. 3d DCA October 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Disqualifying a judge in a Florida family law case is a serious consideration which should be handled with care. A party can seek to remove a judge from presiding over his or her case if he or she can show the judge is biased in some way and that the party has a reasonable fear that the party will not receive fair consideration in the case. In the case Vialva v. Nunez, 3D21-1292 (Fla. 3d DCA October 6, 2021), the appellate court considered this issue.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How important is it to serve other parties in your Florida family law case? Service of documents is an essential part of a case because it puts parties on notice of what they can expect. This avoids “ambush” litigation in which parties are caught off guard by allegations raised in court. The importance of proper service was illustrated in the case Chamblee v. Figueroa, 4D20-83 (Fla. 4th DCA October 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Does a party who is not represented by a lawyer in a Florida family law case have to provide an email address to receive case documents? The Florida Rules of Judicial Administration state how service can be accomplished on a party not represented by a lawyer. In the case Young v. Williams, 1D20-3766 (Fla. 1st DCA September 15, 2021), a pro se party missed a hearing because notice of it was sent to his email address rather than by mail to his home address.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long does a party have after a final judgment of divorce is entered in Florida to seek attorney’s fees and costs? An award of attorney’s fees in a Florida family law case is generally guided by Florida Statute 61.16 if the request is based on the financial disparity between the parties. The deadline for requesting attorney’s fees was disputed in the case Juhl v. Juhl, 2D20-1176 (Fla. 2d DCA August 13, 2021).
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).
