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 »
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 »
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 »
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.
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 »
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 »
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.
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 »
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.
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 »
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?
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.
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.
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 »
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 »
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?
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 »
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 »
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 »
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)
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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