Lawyers, Answer Questions  & Get Points Log In
Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: In which State do I file for divorce?

My husband and I were married in TX, where we lived together several years. We also lived together in Washington DC. My husband still lives in DC and I now live in FL.

In which State do I file for divorce?

Rand Scott Lieber
Rand Scott Lieber answered on May 8, 2022

The law in Florida is that you can file for divorce here after being a continuous resident for six months. It sounds like your husband could probably fie in DC but he would need to check with a local lawyer there.

1 Answer | Asked in Divorce, Child Custody and Immigration Law for Florida on
Q: I’m here from Haiti on a Visa and am awaiting on my green card document. I want to divorce my husband still in Haiti.

He still lives in Haiti and does not want the divorce because I’m the sole provider for us and our daughters and he doesn’t want to work.

Rand Scott Lieber
Rand Scott Lieber answered on May 4, 2022

If you meet the residency requirements (lived in Florida for six months as your permanent home) then you can file for divorce in Florida. If the child is living in Florida then those issues will be addressed in Florida. If the child still lives in Haiti then Florida would not have jurisdiction to... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can I get lawyer support per hour without a large down payment in Brower Florida?

I started my divorce and was asked a down payment of 5000 usd, the money dissapeare very quickly and now I am on my own with imited resorces to continue. I was wonderig if I could have only one or two hour meetings for legal advice and then I do all the procedures and paper work but just to... Read more »

Michael Ferrin
Michael Ferrin answered on May 3, 2022

Good morning.

You may find an attorney out there can may be able to assist you, but we do not take on issue piece meal like that. We would need to be retained for the case.

1 Answer | Asked in Divorce for Florida on
Q: Can husband get equity gained during marriage on a home purchased prior to marriage ?
Michael Ferrin
Michael Ferrin answered on Apr 27, 2022

Yes, you husband could have a marital interest in a home purchased prior to the marriage. How much depends on whether marital funds were used to make the mortgage payments, whether there were any improvements made on the home during the marriage which caused appreciation, and whether the value of... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Elder Law for Florida on
Q: Can my husband take my homes from me that i purchased one prior to marriage one during marriage?

Can i sell home purcahsed during marriage if he is on deed but not on mortgage. can he take equity of the home prior to marriage not on deed or mortgage. but on deed on home purchased during marriage.

Rand Scott Lieber
Rand Scott Lieber answered on Apr 27, 2022

A spouse gains a property interest in real property (homes) during the marriage. This interest is independent of the deed (names on title) or the mortgage. A property can remain non-marital if there is a prenuptial agreement. Otherwise you will need the court's help to separate the marital and... 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 »

View More Answers

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 »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 27, 2022

It means that you will be sued on or about May 9th, if you haven't vacated the premises by then.

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi, I had an attorney for my divorce for over a year so we've made quite a bit of progress. Here's where we are:

The Parental Plan and Marital Settlement were drafted and sent to my spouse's attorney, then we attended our mediation in Feb., 2022.

During this mediation, there were several changes made to the 2 documents, but we ran out of time and didn't get them signed. The main point of... Read more »

Michael Ferrin
Michael Ferrin answered on Apr 26, 2022

First you must make sure that at least one of you have plead for partition which is what allows the court to sell the home at auction if you and your husband cannot agree on what to do with the home. Second, you need to have the home appraised by a reputable appraiser that has experience testifying... Read more »

2 Answers | Asked in Divorce for Florida on
Q: If I file for divorce in Florida, will that be made public the date that I filed

Will I be able to view it online

Michael Ferrin
Michael Ferrin answered on Apr 20, 2022

In most counties, as soon as you file the case anyone can access the docket online which shows only the title of what was filed and not the actual document. But, there are some counties where you can access the records online almost immediately after they are filed. In addition, most courthouses... Read more »

View More Answers

2 Answers | Asked in Divorce for Florida on
Q: If I file for divorce in Florida, will that be made public the date that I filed

Will I be able to view it online

Rand Scott Lieber
Rand Scott Lieber answered on Apr 20, 2022

The record will be available on the clerk's website after you file. Access to the actual content of the documents filed varies across the state. Speak with a local family lawyer for more specific advice.

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My ex husband has been doing weird things while the girls are visiting him. Latest thing is putting a gun to our daughte

My ex husband has been doing weird things while the girls are visiting him. Latest thing is putting a gun to our daughters leg while laughing after a disagreement they had over breakfast ( I have actual pictures of the gun to her leg). My daughter expressed she does not feel comfortable going... Read more »

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Apr 19, 2022

Do you wish to deny visitation to protect your child's safety? If so, you must be able to present solid and sufficient proof that he is a danger to your children in order to legally take them away from him. Contact a local Family attorney to get the best help you need with your issue.

1 Answer | Asked in Divorce for Florida on
Q: The divorce process for Indian citizens and Florida residents married in India, staying separated for the past 5 years.

My name is Kumar, I am from India currently staying in Tampa Florida for the past 2 years.

I got married in India in 2014 based on the Hindu Marriage Act of India. My wife was abusive, violent, and disrespectful from day one of the marriage. I tried my best to save the marriage but... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 18, 2022

If you have lived in Florida for more than six months then you can get divorced here. It sounds, however, like your child still lives in India. If that is the case then the Florida court would not address any issues regarding the child. You can get a final judgment of divorce here but you would... Read more »

1 Answer | Asked in Divorce and Tax Law for Florida on
Q: Divorced 2020, quitclaimed. On mortgage until 2021. Received 1098 form. Can I still file this for taxes?

Divorced in 2020, quitclaimed house to wife. Moved out of home and into apartment. I make no mortgage payments per our marital agreement. She re-financed the home in her name in November 2021. I still received a 1098 form from original lender. Can I still file this for my taxes?

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

First you need to read your marital settlement agreement carefully regarding this issue. However, if the agreement is silent and you did not make the mortgage payments then you should not be claiming the interest paid. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: Im representing myself, how do I go about getting the opposing attorney and respondent to agree to mediation? If no one?
Rand Scott Lieber
Rand Scott Lieber answered on Apr 4, 2022

In Florida you simply need to file a motion requesting mediation. In family law most courts require mediation so you may not receive any opposition. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: Is it legal for my ex husband to record our child co-parenting pick ups & drop offs without my knowledge or consent?

I am specifically talking about recording audio with his cellphone when we meet IN PERSON every time we pick up and drop off our child. We live in Florida and my ex husband has openly admitted that he records the shared custody pick up and drop off conversations without my knowledge or consent and... Read more »

Ira Markowitz
Ira Markowitz answered on Apr 4, 2022

Do you use Talking parents or similar program where the conversations are monitored and recorded with prior consent by itself as a condition if you use it.

If not then each time you have a phone conversation both parties must consent unless specifically agreed to in the Parenting Agreement...
Read more »

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: My soon to be husband is trying to take full custody of the the kids I had told him I was gonna hurt myself out of spit

I will never do something like that to hurt my boys they are my world I had said it to hurt him he tried to have me backer acted but since I’m not suicidal they let me go in less than 20 hours he is putting the boys through too much and I can’t have him put them through more he had a 10 year... Read more »

Michael Ferrin
Michael Ferrin answered on Apr 3, 2022

Being you made those comments, your mental health will most likely be called into question. Any issues raised by your husband can be dispelled with a mental health evaluation if needed. Understand also that if you do not have a history of mental health issues, when people are breaking up sometimes... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Need to ask ? About an alimony buy out.

I was divorced in 2005 and have been receiving alimony of 1300 dollars a month with no cost of living raises all those years, Im now 68 and retired and he's 57 and has done very well for himself, I would like to get a buy out so I don't have to worry every month if he's going to be... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 30, 2022

First of all you would need to make sure that your former spouse would agree to a buyout. Unless this was addressed in your marital settlement agreement you do not have a legal right to pursue it without the other side's agreement. You also need to recognize that your former spouse will have a... Read more »

1 Answer | Asked in Child Support and Divorce for Florida on
Q: What constitutes a legally separation in fl and when does the majority parent get child support?

Husband is gone Monday thru Friday he comes home Friday afternoon around 5 pm and leaves around 3am Monday morning. He wants to stay in the house because he said we can’t afford two separate places. If I leave on the weekends will this hurt me getting custody of the kids every other weekend? Also... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 29, 2022

There is no "legal separation" in Florida. If you are considering an agreement like the one you have described you should at a minimum get it in writing. If the two of you continue to live in the same house without a formal divorce then it is unlikely that child support would be awarded.... Read more »

2 Answers | Asked in Divorce for Florida on
Q: In the state of fl does a married couple with kids have to be legally separated a length of time before divorcing
Lynette Silon-Laguna
Lynette Silon-Laguna answered on Mar 29, 2022

Hello! In Florida there is no required length of time a married couple has to be separated before divorcing. You can file your petition for dissolution of marriage even if you are still living together. Wishing you the best!

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: I got married young and divorced quickly after. I regret it. Can I get marriage licen. without putting I was married ?

before?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 28, 2022

No. A marriage license application requires you to swear under oath the circumstances of any previous marriage. So, you would be guilty of perjury should you falsely submit an application reciting that you have not been previously married.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.