Florida is a no fault state so "abandonment" is a non-issue for the most part. As to your rights, the answer depends upon many factors including the length of the marriage and the number of overlapping years of employment where you earned your pension. Typically all property acquired...View More
When we bought the house it was tenants in common with right of survivorship after we divorced it automatically converted to tenants in common with 50/50 ownership. Now that we remarried each other will it reconvert to tenants in common with right of survivorship!
Interesting question. In my opinion as a family law attorney, remarriage does not automatically "reconvert" the property title. You might consider executing a Quitclaim Deed - both as grantors and both as grantees to give you both equal rights as "Tenants by the Entireties,"...View More
I had a hearing on a motion. During that hearing respondent wasnt given time to respond so the hearing is continuing at a later date. but before the date came. the plaintiff submitted a amended motion. is that legal ? It is a Family Case (divorce) in Florida
Sounds like the "hearing" did not address the merits of the original motion and the motion hearing was was rescheduled to allow time for a responsive pleading. In that case, I don't see an issue with an amended motion assuming you have sufficient time to respond and prepare for the...View More
You have 20 days to file your Answer to the Petition once you are actually "served" by the process server. It is usually recommended that you also file a Counter-Petition to include your requests for timesharing with the children, alimony, child support, etc... to preserve your rights.
The legal description of the property is the technical description (not just the street address) of the parcel. It is usually contained on the previous/current deed, but you should verify it with the Property Appraiser's website or Clerk of Court depending in the county where the property is...View More
My husband pays $2000 alimony monthly in which he voluntarily agreed to, she kept the house and majority of assets. His pay has decreased substantially involuntarily (same job- (he makes maybe 3200 a month now leaving him nothing to live on, he has moved out of his rental, sold most of his... View More
Everything you own has both of your names on it, (mortgage, car, rental property, etc). Would everything be split 50/50 or would the judge lean more towards the woman since the husband is the one who decided he wasn't happy any longer and cheated instead of talking to his wife to try and fix things?
Florida is a "no fault" divorce state so you do not need to prove adultery in order to obtain a divorce. Generally an equitable distribution of property is "50-50." If your spouse has "dissipated" marital assets on this new relationship, then the Court may award an...View More
He filed for temporary custody and i have not had regular visitations, yet he is holding me in contempt for not paying my half. Is this legal? We used to do one week on one week off, but 9/26/2017 he got temporary custody. He continues to ask me for money, yet i do not see them. Help! Thank you.... View More
Review the Order MSA/PP to fully understand the obligations of the parties. If he is in breach, then file your own Motion for Enforcement and/or Contempt against him for violating the Agreement and/or Order.
It depends on what you mean by "have." Florida Child Support calculations are based on the income of both parties and the amount of overnights each parent has. You would have to provide me the amount of overnights each parent has to determine the answer.
Probably not. Pensions are a "property" interest in divorce law. The first step in an equitable distribution analysis is to determine whether the property item is marital or non-marital. If the pension was earned entirely prior to the marriage, then it is unlikely that your spouse...View More
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