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Questions Answered by Mr Eric Klein
1 Answer | Asked in Divorce for Florida on
Q: HOW DIFFICULT IS IT TO CHANGE A FINAL DIVORCE SETTLEMENT FOR CHILD VISITATION WHEN MY CASE WAS FINALIZED IN DEC 2021

I LIVE IN NYC AND MY EXWIFE AND KIDS LIVE IN TAMPA AND HOW MUCH TYPICALLY IS A RETAINER FEE FOR THIS SERVICE

Mr Eric Klein
Mr Eric Klein
answered on Jul 6, 2022

It is very difficult. You would have to prove a substantial change in circumstances and prove that it is in the best interest of the child to relocate. If your spouse puts up a legitimate fight, you should expect to pay a good, seasoned lawyer about $15,000 to $40,000. Good luck!

2 Answers | Asked in Divorce for Florida on
Q: How do I get a divorce when I live in Florida, and my spouse is incarcerated in an Oklahoma prison.

All 3 of our children are 18 and older. We have no property or any type of assets that need to be split. I have not had any contact with this man in 6-7 years and I just don't want to have anything else more to do with him. He has also cheated on me during our marriage and supposedly had 2... Read more »

Mr Eric Klein
Mr Eric Klein
answered on Jun 21, 2022

The only difference between this situation and others is that your husband is incarcerated. To get a divorce, file papers as you normally would and serve him with the papers. The service of process part is probably what you are concerned about. You simply file the papers here in Florida and hire a... Read more »

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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: I have a divorce case out of Texas back in 2020, but have resided in Florida with our child since 2019.

What state holds jurisdiction if I were wanting to modify the child custody arrangement?

Mr Eric Klein
Mr Eric Klein
answered on Jun 6, 2022

Florida.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My parents are divorced and have dual custody over me, can I ask my dad if I could stay with my mom on certain days?

So I’m 16 years old and my parents are divorced with dual custody over me. I stay with my mom one week and same thing goes with my dad. I got hired at a place in my mom’s town, and since my dad lives 45 minutes away from there, I can imagine it’d cause some difficulties for him since I... Read more »

Mr Eric Klein
Mr Eric Klein
answered on May 20, 2022

I’m sorry to hear that you’ve been put in this position by the unfortunate circumstances of divorce. To answer your question, if you ask your dad permission to stay with your mom, he does have control over you as to where you will be staying during his court ordered time. If he says no, the... Read more »

2 Answers | Asked in Divorce and Landlord - Tenant for Florida on
Q: I received a letter about an unlawful detainer but i'm not too sure what it means.

The letter states:

"I am writing to inform you that i am revoking my consent for you to live in, or use, the property at *Address*. Therefore on or before May 9 2022 or 15 days from the date of this notice, You are hereby notified to vacate the premises. Since there is no rental or... Read more »

Mr Eric Klein
Mr Eric Klein
answered on Apr 27, 2022

Think of an unlawful detainer as an eviction. An unlawful detainer action is brought against someone living on the premises where there is or was a relationship between the person who owns or rents the property and the person that they are in a relationship with. It could be a boyfriend/girlfriend,... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: How does a judge decide who gets the house when you get a divorce?

My husband and I bought a house together a few years ago. I have my 2 kids from my first marriage, they live with me full time. He has his kid from his 2nd marriage which is here part time. He keeps telling me to leave because I dont like how he treats my kids. Yet he wont divorce me. If we get a... Read more »

Mr Eric Klein
Mr Eric Klein
answered on Feb 24, 2022

The judge would simply order the house sold and have the realized funds distributed equitably. Good luck.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi, My spouse and I are near the end of our divorce process with just one last item to negotiate. We have a marital

home where the mortgage is in his name only and the deed in both of our names. We agreed to sell the home until just before our separation, then split the equity. Now he wants to stay in the home and buy me out.

The problem: He'd like to use the appraisal value, but I'd like... Read more »

Mr Eric Klein
Mr Eric Klein
answered on Feb 15, 2022

Although you’re asking what the judge would use to make a ruling, strategically, you should come up with an agreement between you and your spouse. I agree with you, that appraisals are not keeping up with the market. Further, a BPO, although somewhat accurate, cannot accurately make a judgment of... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Married 8 yrs living in S Florida would my husband be entitled to my 401K/savings?
Mr Eric Klein
Mr Eric Klein
answered on Feb 14, 2022

To answer your question directly, yes. But only to that part that accumulated during the marriage. Take a look at the balance of the account on the date of your marriage and the balance today. Subtract the two. If you were to file for divorce today, he would be entitled to 1/2 of the appreciated... Read more »

3 Answers | Asked in Divorce for Florida on
Q: married 8 yrs Need to get a divorce due to irreconcilable differences, cruelty and verbal and mental abuse

Would the cards be stacked against me if I left our home which we rent prior to serving him with divorce papers? we have no children together and own no properties or joint accounts.

Mr Eric Klein
Mr Eric Klein
answered on Feb 14, 2022

As Florida is a no-fault divorce state, there would be no penalty if you were to move out of the marital residence. Abandonment is no longer a recognized consequence of vacating the marital residence. Good luck!

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3 Answers | Asked in Divorce for Florida on
Q: Does your office help with alimony in divorce case
Mr Eric Klein
Mr Eric Klein
answered on Jan 31, 2022

Yes.

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2 Answers | Asked in Divorce and Child Custody for Florida on
Q: If you get a paternity test done for someone in a different state, does it go by your state laws or theirs?

The father of my daughter lives in a different state (South Carolina) while I live in Florida. If I need to prove paternity, will the case be by Flordia Law or South Carolina Law?

Mr Eric Klein
Mr Eric Klein
answered on Dec 16, 2021

You've raised a complex jurisdictional issue. Although you and the child reside in Florida, if Dad files a paternity case in SC before you file a case in Florida, SC law will prevail; but only as it relates to establish paternity. SC does not have the authority to order child support or... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: I would like to know my rights as a grandmother

I have watched my granddaughter everyday sense she was born and provided everything for her except diapers and wipes. She is now three and her parents are getting a divorce.all of a sudden her mother texted me to tell me she would not be coming to drop her off anymore as she put her in day care.... Read more »

Mr Eric Klein
Mr Eric Klein
answered on Aug 25, 2021

Unfortunately, Florida does not recognize the rights of grandparents whatsoever. Under the Florida constitution, parents have an absolute right to privacy to raise their children anyway they see fit so long, of course, as a child is not harmed in anyway. As a grandparent, the only rights you have... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My last question really wasn't answered. Is it standard to have a parenting plan cover 6 mo in advance or a year?

Trying to figure out how long a parenting plan is usually scheduled for. A year, 6 months or maybe even less?

Mr Eric Klein
Mr Eric Klein
answered on Aug 11, 2021

I like to do a parenting plan that covers timesharing until the child is 18 years old.

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4 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: I got divorced in 2019 & have been awarded our house. How do I get ex-husband name off deed & mortgage? Tried having

Tried getting him to sign the quick claim deed form however he refused to do so. Help please!!

Mr Eric Klein
Mr Eric Klein
answered on Jul 1, 2021

The first thing you need to do is to refinance the house so that you can remove your ex-husband from the mortgage. The title agency will prepare a deed for your husband to sign at the time of the closing of the refinance. If he refuses to cooperate, you will have to file a motion to enforce the... Read more »

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4 Answers | Asked in Divorce and Immigration Law for Florida on
Q: Can I get divorced in Florida?

My husband and I currently live in Florida. He is here with a work visa and I’m with a spouse visa and we’re in the process of getting our green card but we do not have it yet. Can we file for a divorce in Florida? Or do we have to file in our country where the marriage took place?

Mr Eric Klein
Mr Eric Klein
answered on May 26, 2021

You ask a very good question. So long as you have been a Florida resident for at least 6 months, you can file for divorce in Florida. Good luck!

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1 Answer | Asked in Divorce for Florida on
Q: How does someone who is pro se request a court reporter?

Florida divorce case

Mr Eric Klein
Mr Eric Klein
answered on May 5, 2021

Simply call a court reporting service and make your request. You should be able to locate a court reporter through Google. Good luck!

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Located on tampa, fl. I am going through a separation with my wife. Who should leave the house to have space, me or her?

My wife wants to separate and i need space from her. She says she wont be leaving the house we rent. She is never home and barely takes care of the kids. I want her to leave so I can focus on me and the kids. Who should leave the house since its technically rented and neither of us own the house.

Mr Eric Klein
Mr Eric Klein
answered on May 1, 2021

Both of you have equal rights to the marital residence. You will need to work it out with her. Good luck!

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3 Answers | Asked in Divorce for Florida on
Q: I'm currently divorcing. Am I entitled to passive growth on my husbands premarital accounts?

He has not contributed or rolled over these accounts he's just let them be but I know they have appreciated in value

Mr Eric Klein
Mr Eric Klein
answered on Apr 18, 2021

I'm sorry to say you are not. Good luck.

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2 Answers | Asked in Divorce and Small Claims for Florida on
Q: Can I take legal action against my ex-husband for not refinancing the house?

My ex-husband and I have been divorced since August 2017. In the divorce settlement, which we did without lawyers, he was given the asset of the house, with the intention that he would refinance (removing me from the mortgage). Since then, he has refused to refinance every time I ask him about it.... Read more »

Mr Eric Klein
Mr Eric Klein
answered on Apr 13, 2021

Assuming the settlement agreement stated he would be required to refinance, then yes. File a Motion to Enforce the Final Judgment. Serve him with the papers and you're off and running. If the settlement agreement is silent as to the refinance, you may have to file a petition to partition the... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: How do I stop alimony wage garnishment after my ex-spouse was re-married.

I was divorced in 2013 in Duval County and I now reside in another state. I have a wage garnishment for alimony. The final judgement is clear that alimony stops when my ex-spouse remarries. My ex-spouse does not contest this and was re-married. The family law department at Duval courts has... Read more »

Mr Eric Klein
Mr Eric Klein
answered on Mar 11, 2021

That is true. You must file a motion to terminate alimony and have the judge issue an order. Good luck!

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