Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
What are some reasons a judge can be disqualified in a Florida family law case? Disqualification means the judge can no longer preside over the case and a new judge will be assigned. The person requesting disqualification must show there is a well-founded, reasonable fear that he or she will not receive a fair trial at the hands of that judge. This was an issue in the case Cini v. Cabezas, 3D22-0716 (Fla. 3d DCA August 10, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
When attorney’s fees are awarded as a sanction in a Florida family law case, an expert must testify as to the reasonableness of the fees in order for the court to properly set an amount to be paid. Without the expert testimony, the fee awarded may be subject to being overturned on appeal. If it is appealed, there may not be a second opportunity to present the necessary testimony. This was an issue in the case Mitchell v. Flatt, 2D21-487 (Fla. 2d DCA August 5, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is service of process in a Florida family law case? When a petition for divorce is filed, for example, the spouse filing the petition is responsible for ensuring that the other spouse receives a copy of the petition. The other spouse must receive the petition in a manner allowed by law. The most common manner is service of process via a process server. In Florida, this is a person licensed to deliver lawsuit papers. A process server’s compliance with service rules was an issue in the case Becker v. Becker, 3D22-0352 (Fla. 3d DCA July 20, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the Florida long-arm statute? This is a rule that specifies under what conditions a non-resident of Florida can be served with a lawsuit and a court can exercise personal jurisdiction. In a family law proceeding, the long-arm statute comes into play when. for example, a spouse moves to Florida and tries to divorce a spouse living outside of Florida. This statute was an issue in the case Murphy v. Murphy, 1D20-1117 (Fla. 1st DCA July 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a court reporter and do you need one at your Florida family law hearing? A court reporter is a professional who records what is said at a hearing and can provide a transcript of testimony and court rulings. Why might it be important to have a court reporter at your hearing? This was an issue in the case Birnbaum v. Mortman, 4D21-2630 (Fla. 4th DCA June 29, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a general magistrate is appointed to preside over a family law case hearing, this triggers procedural requirements. First, all parties must usually consent to have a general magistrate hear the case. Once the hearing occurs, if a party wishes to challenge the general magistrates conclusions, that party must file the appropriate motion within ten days. This was an issue in the case Polo v. Hernandez, 3D21-2179 (Fla. 3d DCA April 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a ruling of a general magistrate be appealed in a Florida family law case? A party who disagrees with a general magistrate’s findings and recommended order can file a motion to have the judge review the the findings and recommendations, and this must be done by a certain deadline. However, the fact that a party disagrees with the conclusions reached by the general magistrate is generally not enough to sustain a challenge to those conclusions. This was an issue in the case Figueroa v. Kossiver, 5D21-1963 (Fla. 5th DCA April 8, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Appealing a Florida family law case may not be as simple as many think. There are certain steps that have to be followed procedurally before a party can appeal, and it is usually not enough that a party does not agree with a court’s decision to appeal - there has to be a legal basis for appeal. The procedure for appeal was an issue in the case Doukas v. Doukas, 1D21-3002 (Fla. 1st DCA March 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party does not agree with findings or recommendations made by a general magistrate in a Florida family law case, what can be done? According to rules of procedure, a party must object to a general magistrate’s report within 10 days by filing a motion for exceptions, in which case the judge presiding over the case will hold a hearing to review the exceptions to the report. This was an issue in the case Fletcher v. McCulloch, 4D21-2708 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
How long does a party have to enforce a Florida child support order? The right of child support belongs to a child under the law, so it is difficult to argue that a parent “waived” child support arrears by not pursuing them in a timely manner. However, a defense known as laches could be used to defeat a request to enforce past-due child support that has not been pursued in a reasonable amount of time. This was an issue in the case Alcalde v. Alcalde, 3D20-0998 (Fla. 3d DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Many parties to a Florida family law case ask “Do I HAVE to give the other side my private information”? As part of the case, parties can ask for discovery. Discovery is a process in which each side can request of each other documents or information relevant to the case. For example, in a case to establish child support, each side may be asked to produce paystubs and bank statements to prove income. There are limits to discovery, however, and a party can object to providing certain documents, in which case the judge decides if the objection is valid. This was an issue in the case Sahmoud v. Marwan, 3D20-1311 (Fla. 3d DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How is a Florida family law case started? After a petition is filed, it usually needs to be delivered to the other party by a process server. Once this delivery occurs, the case is usually considered “initiated”. Other documents besides the petition may need to be delivered to the other party by the process server in order to validate the delivery. This was an issue in the case Oliveira v. Sims, 3D21-1255 (Fla. 3d DCA February 9, 2022).
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).
