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?
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.
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.
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 »
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 »
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.
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 »
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.
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 »
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 »
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 »
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 »
It means that you will be sued on or about May 9th, if you haven't vacated the premises by then.
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 »
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 »
Will I be able to view it online
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 »
Will I be able to view it online
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.
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 »
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.
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 »
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 »
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?
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.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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!
before?
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.
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