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Florida Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Florida on
Q: Is it possible make a write agreement with my ex husband before get divorce . ,

We have a restaurant business together

Michael Ferrin
Michael Ferrin
answered on Dec 1, 2022

There are two types of agreements that may pertain to your situation. If you do not intend to file for divorce, but are planning just in case of divorce in the future, you can enter into a post nuptial agreement to address certain issues. Post nuptial agreements are similar to prenuptial agreements... Read more »

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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: divorced couple property in TIC/JTWROS can 1 person tell the other who can live there or not

divorce states husband to pay mortgage and the home is wife's primary residence ex husband is now demanding wife and sister in law to pay portion of mortgage and if not they both need to leave.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

Without reading the divorce decree, it's difficult to say but in general, if the Court granted the Wife the exclusive use of the house and ordered the husband to pay the mortgage, then he has no standing to demand that anyone do anything. It may not be a bad idea for the Wife to engage the... Read more »

2 Answers | Asked in Probate, Divorce and Family Law for Florida on
Q: What papers do I file for alimony in Florida with the case in Massachusetts. ?

My ex husband owes me court ordered alimony has not paid me in almost 4 yrs he moved to Florida a yr ago built a million dollar home . I have served him a few time never showed up for court the judge has him in contempt here in Massachusetts. I don’t know what I need to do to start a Florida case... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

You would need to hire a family law lawyer here in Florida. He would need to domesticate the foreign Massachusetts Alimony order here in Florida. Once that transfer is made, you can then enforce that via discovery and contempt if need be.

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1 Answer | Asked in Divorce and Estate Planning 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 »

1 Answer | Asked in Divorce for Florida on
Q: Do 18 yrs old children have to get mothers permission to leave country with father?
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 23, 2022

If you are 18 with your own ID and passport then you can legally travel unless there is a specific court order that says otherwise.

1 Answer | Asked in Divorce for Florida on
Q: Does mother have to be informed of where the father is taking his 18yr old children for vacation
Mr Eric Klein
Mr Eric Klein
answered on Nov 23, 2022

Once you are 18, you are emancipated. With this in mind, no you do not legally need either parent's permission to travel with the other. Good luck!

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What motion can I file when a parent willingly neglects to ensure the safety of a child from their known allergens?

My son is severely allergic to cats and dogs. Their father, who has not seen him physically for three years or had communication with him for two years, was granted visitation on 10/25 by a general magistrate even though my ex-husband refused to carry out what was issued in the report and... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Nov 17, 2022

File a petition to modify time sharing.

1 Answer | Asked in Divorce for Florida on
Q: I was wondering if you could look at my dissolution of marriage to make sure its proof of being finalized

I have an email with the information I believe it’s saying I am but I need to know if I can take it to get my name changed back

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 15, 2022

Look for a local family lawyer that offers free consultations to help you.

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.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 12, 2022

Once a party to a divorce that is pending passes away the family court loses jurisdiction meaning the case is over. You do not need to do anything, although you may want to notify the court of the death. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Divorce for Florida on
Q: what is the divorce process with kids but not having a lawyer in fl?
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 9, 2022

You are not required to have a lawyer in order to get a divorce in Florida. With or without a lawyer, at the end of your case you will have a parenting plan which defines the rights and responsibilities regarding the children. Speak with a local family lawyer for more specific advice. Look for... Read more »

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?
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 9, 2022

In Florida there is no requirement for counseling. It is a no fault state for divorce. Speak with a local family lawyer for more specific advice.

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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?
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 9, 2022

The starting point for equitable distribution is 50/50. If you can show that your down payment was non-marital then you can subtract it off the top. In a divorce, the names on the title and mortgage are not deciding factors. The property is a marital asset. If you want to keep the house then you... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: To respond to a summons is it calendar days or business days? What happens if my attorney did not respond within 20 days

I’ve retained an attorney. They filed an extension. Does the 20 day extension start on the date it was filed with the courts? What happens if that deadline is missed and no other extensions were filed? Would this be a breach and I can retain other representation?

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 7, 2022

If an extension was filed then you either need a court order or agreement from the other side about the extension. You can retain other representation at any time, regardless of whether there was a breach or not. Speak with a local family lawyer for more specific advice.

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 and Family Law for Florida on
Q: Is it legal for my wife to be charged $11k to cancel legal services so she can cancel her divorce filing?

We reconciled before the lawyer filed. She asked the lawyer to cancel the, but he filed anyhow. Now we're being told to allow the hearing to take place on the 7th of February or he will charge her an additional $11k following the $2800 filing fee. Is this legal, we just want to cancel the... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 3, 2022

You need to carefully read the retainer agreement that she signed. It should address what is owed and what the refund policy is. What you are describing does not sound right as it would be unethical to charge such a large sum for no work done. Speak with a local family lawyer for more specific... Read more »

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: I want to leave my husband but we have a house together and I know he will not pay the mortgage. What are my options.?
Rand Scott Lieber
Rand Scott Lieber
answered on Oct 31, 2022

Ultimately the house will be divided (any equity) in the divorce. In the meantime, most jurisdictions (courts) have a rule that both parties must maintain the financial status quo. This means that each of you is expected to continue paying any bills that you traditionally paid. If he stops paying... 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 »

1 Answer | Asked in Divorce for Florida on
Q: Is the email that your lawyer sends you with the final judgement of your divorce considered a certified copy?

I just got an email from my attorney with the pdf attachement and not sure if this is considered a certified copy or should I have to request one from the court (it is to present for marrying purposes)

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 28, 2022

Normally you need to pay a small fee for a certified copy. It is not provided automatically. Electronic (by email) certified copies do exist but they will have a seal and certification that are obvious. You should be able to go online to the clerk's website where you were divorced and order a... Read more »

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