Mr Eric Klein's answer From a criminal perspective, if you were not arrested, then there's nothing for you to do. From a civil perspective, he may be gearing up to file a Petition for Injunction for Protection Against Domestic Violence. If he is successful in convincing a judge that he is in imminent fear for his life, a judge will issue a Temporary Order for Injunction for Protection Against Domestic Violence and you will have to leave your home and stay away from him until you have a chance to defend yourself in...
Mr Eric Klein's answer The process for filing a simplified dissolution of marriage can be relatively simple and quick. However, the following criteria must be met in order to be eligible for a simplified divorce filing:
No minor children together and the wife is not pregnant
The couple has agreed on how assets, debt and property will be divided
No alimony being sought by either spouse
You both are willing to give up your right to a trial and an appeal
Mr Eric Klein's answer Aside from hiring a lawyer, you could go to the courthouse and purchase a Dissolution of Marriage filing kit. It will have all of the documents needed along with instructions on how to file for divorce. As for the filing fee, the person who files the petition will be charged the filing fee which is approximately $409.00. There is also a Summons fee of $10.00 and a fee for service of process. If you qualify, you may have the fee waived as being indigent. I hope this helps. Good luck!
Mr Eric Klein's answer A dismissal is not granted or denied. You just file a Notice of Voluntary Dismissal and the case will close so long as a counterpetition was not filed. If a counterpetition was filed, that should be dismissed in the same way. I hope this helps. Good luck.
Mr Eric Klein's answer The answer to your question is not so simple, you have a complex situation. What you will need to do is disestablish paternity with your husband and establish paternity with the child’s biological father. Once you establish paternity with the biological father, then you can avoid completing the child support guidelines. Without going through this process, a judge will not allow the divorce to go through. Good luck
Mr Eric Klein's answer Generally, any property, real or personal, that was acquired during the marriage is subject to equitable distribution. With this in mind, if you bought the home and property during the marriage, your spouse has an equitable claim to it. Generally, 50%. The fact that your wife was cheating on you is not relevant as Florida is a no-fault divorce state. I hope this helps. Good luck.
Mr Eric Klein's answer You should file a Motion for Contempt/Enforcement AND notice it for a hearing. The judge has many options to get you your money, one of which is for him to liquidate assets. I hope this helps. Good luck!
Mr Eric Klein's answer You should immediately file a Motion to Modify Alimony AND set it for a hearing. You will have to prove to the court's satisfaction that there has been a substantial change in circumstances, which in this case, is the fact that your sales and income have been cut in half. I believe you should hire a highly skilled attorney to assist you. Good luck.
Mr Eric Klein's answer Once you complete the class, file a Motion to Compel Husband to Take Parenting Class AND notice the motion for a hearing by calling the judicial assistant. At the hearing, you should be able to obtain a court order for him to complete the course. Then, if he still does not, the judge may withhold timesharing until he completes the class. Good luck.
Mr Eric Klein's answer If you were to divorce, you would not be entitled to any of the settlement. However, did you make a claim for Loss of consortium? If not, check with his attorney. That would be your claim. Good luck.
Mr Eric Klein's answer You could change the locks, but your spouse is still legally allowed to enter and live there. Your spouse could legally break the lock or a window and enter the house and continue to live there. The only way to get your spouse out is if he or she leaves voluntarily or by court order (divorce proceeding). Good luck.
Mr Eric Klein's answer It depends where the child(ren) are domiciled. If the children are domiciled in Florida, Yes. You will need to domesticate the WA court order in the Florida court first. Then, you can go in to modify the parenting plan. If the child(ren) are domiciled in Canada, you will have to do the same thing, but in a Canadian court. I hope this helps, Good Luck!
Mr Eric Klein's answer Unfortunately, it is allowed. Under the Florida Constitution, a parent has a right to privacy to raise his or her child as they see fit. That is, even if it were a grandparent, the parent can prevent a grandparent from seeing their grandchild. Sorry to be the bearer of bad news...Good luck.
Mr Eric Klein's answer The short answer to your question is yes, as Florida is an equitable distribution state, you get to keep the house as it is premarital. However, as attorney Lieber alluded to, your wife would be entitled to one-half of any appreciation that may have accrued during the two years of your marriage. I hope this helps. Good luck.
Mr Eric Klein's answer As Florida is a "No Fault" divorce state, you cannot stop her. With this in mind, don't fight it because the only people that will benefit from this are the lawyers. I'm sorry this has happened to you, good luck.
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