Divorce Questions & Answers

Q: I was in a work auto related accident and months afterDue to her infidelity i am perusing divorce.

1 Answer | Asked in Divorce for Florida on Nov 22, 2014

Answered on Nov 25, 2014

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John Arthur Smitten's answer
If the check is written to 2 persons then yes you have to get her endorsement.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: I recently relocated from NY to Florida.. my husband still lives in NY..do I file for divorce in Florida or NY?

1 Answer | Asked in Divorce for Florida on Nov 24, 2014

Answered on Nov 25, 2014

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John Arthur Smitten's answer
You can file the case either in NY or Florida.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: I'm 66 retired get only social security about $1,500. a month I'm on medicare my wife works makes around $4,300'

1 Answer | Asked in Divorce for Colorado on Sep 20, 2014

Answered on Nov 24, 2014

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Stephen J. Plog's answer
Based on the facts you present, aside from the fact that you should be entitled to share in the marital property, you do state facts which would likely support an award of alimony, maintenance, to you.

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Q: We never got a marriage license but had a ceremony, do we have to get a full divorce or is there a simpler option?

1 Answer | Asked in Divorce for Colorado on Oct 2, 2014

Answered on Nov 24, 2014

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Stephen J. Plog's answer
If you went through a ceremony and have been living to gather and holding yourselves out as husband and wife, a divorce will need to be obtained, regardless of whether you got a marriage license.

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Q: My daughter is wondering if she can get her marriage annulled or if she must get a divorce?

1 Answer | Asked in Divorce for Colorado on Oct 24, 2014

Answered on Nov 24, 2014

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Stephen J. Plog's answer
As she has taken no action for two years now, she will likely need to file for divorce. Annulment can be granted in various circumstances, but you have not really stated any of those within your question. If she cannot find him, divorce papers may need to be served through a "publication" process.

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Q: I would like to file for divorce and know my rights to protect my assets.

1 Answer | Asked in Divorce for Georgia on Nov 17, 2014

Answered on Nov 24, 2014

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Julie A. Rice's answer
If you want to protect your assets, then don't go it alone in a divorce and have a competent attorney represent you in this matter. If you file pro se (without an attorney), then you run the risk of losing assets in the divorce that you may be entitled to as the court will not give you legal advice. The best advice is to have your own attorney represent you in the situation if you want to protect your legal rights in a divorce action.

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Q: I HAVE A QUESTION ON DIVORCE

1 Answer | Asked in Divorce for Georgia on Nov 20, 2014

Answered on Nov 24, 2014

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Julie A. Rice's answer
Possibly. In Georgia, whether or not you are entitled to the property of your spouse will depend upon an equitable division of the property (not equal, but equitable ~ which means that the court will most likely look at how much the retirement fund increased while you were married and how much you contributed to that increase). Are you entitled to ask for it? Sure. Will you get it, that depends. If you are talking about a divorce with a large amount of assets, then you should have...

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Q: We have been separated for 1 year. Can I file a divorce even tho I can find him

1 Answer | Asked in Divorce for Ohio on Nov 19, 2014

Answered on Nov 19, 2014

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Lee Thompson Esq's answer
You can file for divorce whether you can find him or not provided you meet the residency requirements in Ohio. You need to be a resident of Ohio for six months and the county where you file for 90 days preceding the filing of the complaint.

One ground for divorce in Ohio is living separate and apart for more than one year without interruption or cohabitation immediately preceding the filing of complaint. If you have an address, certified mail would be the easiest way to serve him. If...

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Q: what is appropriate relief ?

1 Answer | Asked in Divorce for Maryland on Nov 17, 2014

Answered on Nov 18, 2014

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Evan M. Koslow's answer
It is a catch all phrase so that the court can award anything else they believe to be equitable.

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Q: what if were not happy with attorney. we feel the divorce has stretched out too long without adequate answers.

1 Answer | Asked in Divorce for Texas on Nov 6, 2014

Answered on Nov 16, 2014

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Adam Kielich's answer
You should talk to your lawyer about what is going on. Sometimes the discovery phase of litigation can take months just because the rules permit parties thirty days to respond to discovery requests and once your attorney receives documents they have to be reviewed and the attorney needs to consider the next step. Often that means a series of requests that are over a month between requests and collectively that is a long process. It doesn't mean your attorney isn't working, there is just a flow...

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Q: I'am divorcing and my husband says his medical practice was incorporated, not purchased, therefore I can not get any

1 Answer | Asked in Divorce for Texas on Nov 7, 2014

Answered on Nov 16, 2014

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Adam Kielich's answer
Dealing with business assets in a divorce is complicated work. You may be entitled to a property division that includes some value for the medical practice but if you try your hand at sorting out business assets in a divorce without the help of an attorney you are almost certain to end up shortchanging yourself.

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Q: Need to find a lawyer for an uncontested divorce, and want to know more less the costs?

1 Answer | Asked in Divorce for Texas on Nov 11, 2014

Answered on Nov 16, 2014

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Adam Kielich's answer
Prices vary widely across the state and across law firms. I know that some divorce lawyers charge up around $2k for an uncontested divorce. (I don't understand that pricing model.) Other firms, including my own, charge substantially less. Something to consider in addition to price is what services you need for your divorce. If you need an attorney to review the agreement on property/child issues and advise you on how to tweak it to better protect your interests then you should expect to pay...

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Q: Is it necessary to pay a lawyer to go to you to court to just finalize a divorce and sign the papers?

1 Answer | Asked in Divorce for Florida on Oct 29, 2014

Answered on Nov 4, 2014

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John Arthur Smitten's answer
A lawyer is not required but it is recommended in every case.

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Q: My wife had an affair while we lived together in SC. We have separated I now live in FL. Is it adultery if i date in FL

1 Answer | Asked in Divorce for Florida on Oct 29, 2014

Answered on Oct 30, 2014

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John Arthur Smitten's answer
Adultery does not mean much in FL. You should file your case in FL.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: I need a divorce lawyer familiar with federal civil service rules in or near bradenton florida. Thank you

1 Answer | Asked in Divorce for Florida on Oct 5, 2011

Answered on Oct 28, 2014

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Robert Jason De Groot's answer
You asked this question over 3 years ago. I hope you found the attorney you needed back then.

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Q: How to file form 12.990(c)(1) final judgment of dissolution of marraige

1 Answer | Asked in Divorce for Florida on Feb 17, 2011

Answered on Oct 28, 2014

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Robert Jason De Groot's answer
How to file. Then by mail, now it has to be online.

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Q: My final divorce hearing is this Monday will I be ok I do not have anytime to file a written notice to the clerk?

1 Answer | Asked in Divorce for Florida on Feb 23, 2013

Answered on Oct 27, 2014

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Robert Jason De Groot's answer
Asking this question on the internet provided no response until now. In order to advise you, an attorney needs to know all of the facts and circumstances, and review whatever document you might have received.

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Q: I got divorced in israel is that divorced recorded on florida

1 Answer | Asked in Divorce for Florida on Feb 27, 2013

Answered on Oct 27, 2014

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Robert Jason De Groot's answer
A divorce from Israel could be recorded in FL, but it will not be done in the ordinary course of things, you would have to take action in order to get that done.

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Q: Pinellas Simplified dissolution of marriage - are only forms 12.901(a) and 12.990(a) required?

1 Answer | Asked in Divorce for Florida on Mar 15, 2013

Answered on Oct 27, 2014

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Robert Jason De Groot's answer
Read the lengthy instructions to those forms. The only one I ever use, if at all, is the financial affidavit.

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