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Questions Answered by Kenneth Mitchell Kaplan
2 Answers | Asked in Divorce for Florida on
Q: Can a lawyer refuse to go to hearings if you owe them money
Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 22, 2011

No, Under a ethical duty to represent the client.

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1 Answer | Asked in Divorce for Florida on
Q: What am i entitled to in my divorce if there are no marital assets
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Split the debts and if you have a child, child support.

2 Answers | Asked in Divorce for Florida on
Q: What would i have to do to get a divorce
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

File a Petition for Dissolution of Marriage and serve your spouse.

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2 Answers | Asked in Divorce for Florida on
Q: I need some help with my divorce, I need to know what I can do to keep my soon to be ex husband from moving back in
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

File a Motion for Exclusive Possession of the Marital Residence.

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1 Answer | Asked in Divorce for Florida on
Q: Where can get a copy of my marriage license?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

From the Office of Vital Statistics

1 Answer | Asked in Divorce for Florida on
Q: What form do I need to fill to object to notice of hearing and order of referral to magistrate
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Notice of Objection to the Order of Referral.

1 Answer | Asked in Divorce for Florida on
Q: What are the grounds for an annulment of marriage?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Bigamy, Fraud, and Misrepresentation.

1 Answer | Asked in Divorce for Florida on
Q: How do I file a motion to release funds held in the court registry?

Only received the partial agreement amount and these funds have been held in registry since May of 2001.

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

You need a Motion to Disburse and Order to Disburse from the Central Depository.

1 Answer | Asked in Divorce for Florida on
Q: What motion in Florida do I need to file to request modification of C/S & alimony, due to my ex lying about her income?

My ex-wife lied about her income allowing her to get alimony and a large sum child support. I have some proof to back this.

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

False information is not the basis of a Modification, bur rather a Motion to Vacate or Motion for Rehearing.

1 Answer | Asked in Divorce for Florida on
Q: US citizen married & divorced in UK w/o marital home in FL being sold. Can I force sale & division of the asset?

We married in the UK; my ex-husband is a British citizen, deserted the marital home & expenses when he went back to England before the UK divorce was final in Jan. 2011. I cannot afford to maintain it, it has depreciated in value but, his UK attorneys are trying to demand full return from me of... View More

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

You need to Domesticate the divorce from the United Kingdom in Order to enforce the terms in the State of Florida.

1 Answer | Asked in Divorce for Florida on
Q: How long do I have to relocate when my husband tells me to move out of his house? He has not filed for divorce yet.

No divorce papers filed, He was removed from the home for domestic violence and is currently living with his parents. He bought the house before we were married but was not living in it he was living with his parents and renting the house. The loan was modified while we were married and my income... View More

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Pursuant to A Permanent Injunction Against Domestic Violence you can obtain Exclusive Use and Occupancy of the residence. You are not required to vacate the marital residence without a Court Order and can seek exclusive possession in the Divorce case as well.

1 Answer | Asked in Divorce for Florida on
Q: How can i check my divorce status online?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Through Odyssey in Dade County.

1 Answer | Asked in Divorce for Florida on
Q: If a divorce goes into default, do you need to file a motion or just your regular response to the court?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

You must vacate the default.

1 Answer | Asked in Divorce for Florida on
Q: How do i file a motion
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Send a Motion to the Clerk and make a copy of the motion and Request a hearing from the judge.

1 Answer | Asked in Child Support for Florida on
Q: Writ of prohibition to review a lower court's decision to deny motion to disqualify attorney, how likely to be granted
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

It is within the Trial Court's jurisdiction to deny a Motion to Disqualify an Attorney.

A writ of Prohibition is used when a Court improperly asserts jurisdiction that does not exist.

1 Answer | Asked in Child Support for Florida on
Q: If a child has a parent that moved to another country so they dont pay child support, can they still get arrested?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

No, there is no jurisdiction locally over an individual in another country.

1 Answer | Asked in Child Support for Florida on
Q: Many years of Child Support payments have never been late, can they now order income deduction and why?

I reside in Tennessee and have been sending Maine court ordered child support payments direct to the NCP. The state of Florida, where the NCP lives, wants to do Income Deduction. I have never missed or been late on a payment to which the NCP has signed an affidavit to. For what reason would they... View More

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

By Administrative Order child support orders can be done without necessity of non-payment. This is to secure the vested property rights of children.

1 Answer | Asked in Child Custody for Florida on
Q: How long is temporary custudy good for in tampa
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Temporary Custody stays in effect until there is a subsequent order for permanent custody or the order has an expiration date.

1 Answer | Asked in Child Custody for Florida on
Q: Does the new state beat the original state for jurisdiction law?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

The Home State is based upon which State that the minor child has lived in for six (6) months. If a prior jurisdiction retained jurisdiction then the jurisdiction can be concurrent and the two Courts consult to determine jurisdiction in the custody matter.

1 Answer | Asked in Child Custody for Florida on
Q: I need help with a custody case on my son in pasco county. can you help me?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Yes, under the Uniform Child Custody Jurisdiction Enforcement Act, it is necessary to file a Petition for Custody in the County and State in which the minor child has resided for the last six (6) months

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