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Questions Answered by Michael Ferrin
1 Answer | Asked in Divorce for Florida on
Q: My wife and I are both disabled I am on sddi she is on ssi we are considering divorce so she can draw a higher amount

We can't make it on our current income with food and gas prices rising we have no children or property

Michael Ferrin
Michael Ferrin
answered on Nov 26, 2022

I cannot give any insight on what benefits will be available while married or after divorce, but if you are both in agreement to get divorced you can file an uncontested or simplified divorce. You should speak with a professional specializing in social security benefits to assist you before making... Read more »

3 Answers | Asked in Divorce and Family Law for Florida on
Q: Spouse filed and served a petition for Annulment of marriage. I have received papers. He has passed before my response.

What do I do? Do I still have to respond, and file with the court house? There is no more marriage to annul, though it is a summons.

Michael Ferrin
Michael Ferrin
answered on Nov 13, 2022

If your husband passed way the case needs to be closed as the divorce is no longer possible. You should obtain a certified copy of his death certificate and file it with the court and request for the case to be closed/dismissed.

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3 Answers | Asked in Divorce for Florida on
Q: evidence husband has cheated the entire marriage, do you have to do marriage counseling during the divorce process?
Michael Ferrin
Michael Ferrin
answered on Nov 9, 2022

Florida law does not require parties to complete marriage counseling. Florida is also a no fault state, so unless your husband used a significant amount of marital funds in furtherance of his affairs, the fact that he was unfaithful during the marriage is not relevant.

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2 Answers | Asked in Divorce for Florida on
Q: How can I get my house in the divorce if I paid the downpayment but the mortgage is in both names?
Michael Ferrin
Michael Ferrin
answered on Nov 9, 2022

If your home was purchased during the marriage, and both you and your husband appear on the title, the home appears to be a marital assets and will be equitably divided by the court. If you used nonmarital funds to make a down payment on the home you could have an argument to seek an offset. The... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: My spouse and I agreed on a separation. If I move out but continue to assist financially 50/50 as normal with mortgage

Assist financially with kids schooling and activities can she say I abandoned her and in turn I lose any rights to our house

Michael Ferrin
Michael Ferrin
answered on Nov 6, 2022

You moving out of your home does not affect your marital interest in the home. It could however affect your access to the home given that you have chosen to leave and live separately. We would recommend that you speak with an experienced family law attorney to assist you.

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Any laws prohibiting what can be expensed/excluded from selfempincome in Fl in regards to income calc. for child support

My ex is a realtor so he can expense everything and reduce his income to almost nothing to avoid paying child support. Any laws to prevent this? What business expenses are allowable? Is gross income not used to calculate child support in this case?

Michael Ferrin
Michael Ferrin
answered on Nov 3, 2022

You may want to consider hiring an accountant to go through his personal and business financials to determine what expenses are personal or inflated. The short answer is that any expenses that are personal in nature you should have a good argument to have them included in his income for purposes of... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Will I lose my permanent alimony if I move in w/my boyfriend? I am 2 yrs post divorce of 29 years.

Will I lose it if I move out of state also with my boyfriend?

Michael Ferrin
Michael Ferrin
answered on Oct 31, 2022

Unless the final judgment states that the alimony is non modifiable, if you are found to be in a supportive relationship it could affect your permanent alimony. To be clearer, if your boyfriend is contributing towards your living expenses (groceries, gas, car payment, rent, mortgage) or you are... Read more »

2 Answers | Asked in Divorce for Florida on
Q: Does FLorida have common law marriages

I want to leave my boyfriend and want to take the property that was mine with me.

Michael Ferrin
Michael Ferrin
answered on Sep 22, 2022

Florida does not recognize common law marriage

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1 Answer | Asked in Divorce for Florida on
Q: Separated under duress’ A year later - files for divorce in nyc. I moved to Florida. I have no money , I need help -

There is undisclosed $$ accounts and rental property income .

Michael Ferrin
Michael Ferrin
answered on Sep 16, 2022

If you and your husband lived in NYC when you were married it may be appropriate for him to file the case in NYC but more information is needed in order to provide you an appropriate response. Given that he has filed a case in NYC it would be prudent to contact an attorney in NYC to assist you with... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: My husband and I bought a house in October 2021. He used $ from his 401k; Does that mean the house is his?

We moved from IL. I worked at a school, received unemployment which paid off all credit cards, his car, moving box, loan, his air b&b (he moved down in August/family in Nov) I am now contemplating divorce. Been married 7 years.

Michael Ferrin
Michael Ferrin
answered on Sep 7, 2022

The general rule is that everything that you acquire during the marriage, both debts and assets, are considered marital. The home, being it was purchased during the marriage would most likely be marital but we would have to do a complete assessment of your case to say for sure.

1 Answer | Asked in Divorce for Florida on
Q: My husband recently abandoned me and our daughter and took our son 1200 miles away and left us with nothing.

How do I apply for spousal maintenance until I am able to afford the bills he left me with him bring sole provider in our household

Michael Ferrin
Michael Ferrin
answered on Sep 5, 2022

You can either file for divorce (recommended) or file a petition for support unconnected with divorce. The divorce would handle all the issues pertaining to your marriage including the custody of the children, division of assets and debts, as well as both alimony and child support. The petition for... Read more »

1 Answer | Asked in Divorce for Florida on
Q: My husband has the land we have in only his name. I’m I going to be able to get half of since purchasing it last year

He is a co-owner of the property that we bought.

Michael Ferrin
Michael Ferrin
answered on Sep 5, 2022

We would recommend you meet with an attorney as more information is needed to answer your question. Generally speaking, any assets or debts acquired during the marriage are considered marital regardless of whether the title is held jointly or individually. But there are certain exceptions.

1 Answer | Asked in Divorce and Child Support for Florida on
Q: I want to know what my husband after 16 years supporting me & would not allow me to work can & can't do

I would like to know what my husband can & can't do after 16 years of marriage and not allowing me to work & has supported me and my way of living for the past 16 years.

1.An attorney said he could open a new bank account with no obligations to maintain money to me is that... Read more »

Michael Ferrin
Michael Ferrin
answered on Aug 23, 2022

While you are married, generally, each of you are free to do what you want. It is only when a divorce is filed that you can receive the protections that I believe you are seeking. Alimony is based on several factors but the focus is based on two main factors which are need and ability (your need to... Read more »

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Divorce my spouse moved out of state with kids without my consent

My wife moved to Maryland with our two kids without my consent and knowledge. I still provide her with financial support for the sake of the kids. She left Florida on July 11, 2022 (38 Days ago as of August 18, 2022). I would like to file for divorce first and deal with custody issue later. We do... Read more »

Michael Ferrin
Michael Ferrin
answered on Aug 18, 2022

We would need more information to answer this question. For example, how long has she been out of state as this will have an effect on jurisdiction. It may be best to contact an attorney to discuss your case before proceeding.

3 Answers | Asked in Divorce for Florida on
Q: Do we need to live separately before filing for divorce in Florida
Michael Ferrin
Michael Ferrin
answered on Aug 14, 2022

No. Florida does not require a separation period before filing for divorce.

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2 Answers | Asked in Divorce for Florida on
Q: How much does a divorce cost, including division of a home that is paid for? Does any lawyers accept payment plans?
Michael Ferrin
Michael Ferrin
answered on Aug 14, 2022

The cheapest route is if you and your spouse are in agreement with all the terms and can file an uncontested divorce. If you cannot come to an agreement on all the terms a contested divorce will need to be filed which is alot longer and more expensive. As for the cost, you would need to reach out... Read more »

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: I'm looking for an affordable lawyer. My ex and I have split and I need a divorce. Custody will most likely be an issue.

We have 3 children ( 11, 9 & 4), and he has a daughter (17y) from a previous marriage. There has been a history of verbal abuse and allegations of him propositioning the 17 year old daughter. It was investigated by dcf and no charges filed, but I do have a video recording of him admitting to... Read more »

Michael Ferrin
Michael Ferrin
answered on Jul 23, 2022

Contact our office to discuss our payment options.

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 »

Michael Ferrin
Michael Ferrin
answered on Jun 21, 2022

So long has you have been residing in Florida for 6 months or more you can move forward with filing for the divorce in Florida. You would need to have a process server or the sheriffs department in Oklahoma serve your husband in prison. Note that because your husband has been out of the state of... Read more »

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2 Answers | Asked in Divorce, Civil Litigation and Libel & Slander for Florida on
Q: I am going through a nasty divorce and my soon to be ex wife has been threatening to share intimate information

She is sharing info about my sexual secrets to ruin my image and career

Michael Ferrin
Michael Ferrin
answered on Jun 12, 2022

If your divorce is already pending we would recommend filing an emergency motion to enjoin her from disclosing the information to third parties.

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2 Answers | Asked in Divorce and Child Custody for Florida on
Q: Rand Scott Lieber the answer to your question

He has primary custody per our divorce papers as the judge said we got a divorce in 2018 and that’s what it was decided then but Now ge wants full custody because he wants to take kids to another state. Yesterday he told me I was not allowed to pick them up because his lawyer advices him not too... Read more »

Michael Ferrin
Michael Ferrin
answered on Jun 8, 2022

Until there is a court order stating otherwise, the parenting plan ordered by the court would still be in effect. If you are being denied timesharing you should file a motion for contempt and enforcement. As a remedy for the contempt you can seek make up timesharing and your attorney fees for... Read more »

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