My wife wants to separate and i need space from her. She says she wont be leaving the house we rent. She is never home and barely takes care of the kids. I want her to leave so I can focus on me and the kids. Who should leave the house since its technically rented and neither of us own the house.
My ex-husband and I have been divorced since August 2017. In the divorce settlement, which we did without lawyers, he was given the asset of the house, with the intention that he would refinance (removing me from the mortgage). Since then, he has refused to refinance every time I ask him about it.... Read more »
Assuming the settlement agreement stated he would be required to refinance, then yes. File a Motion to Enforce the Final Judgment. Serve him with the papers and you're off and running. If the settlement agreement is silent as to the refinance, you may have to file a petition to partition the...Read more »
I was divorced in 2013 in Duval County and I now reside in another state. I have a wage garnishment for alimony. The final judgement is clear that alimony stops when my ex-spouse remarries. My ex-spouse does not contest this and was re-married. The family law department at Duval courts has... Read more »
Is there anything I can do re the following circumstance? For the last 10+ years my husband has worked overtime every week and as a result he has earned anywhere between $15-25 thousand dollars each year on top of his base salary. Now that I have started to fill out the divorce papers he has... Read more »
First, as Florida is a no-fault divorce state, you do not need to prove anything or have "grounds" to obtain a divorce. If you want a divorce, you simply for a lawsuit for Dissolution of Marriage stating that your marriage is irretrievably broken and cannot be fixed. As for where to...Read more »
A very good question. You would both mutually agreed to a price based on either an appraisal or a broker's opinion of value. In the event you cannot come to an agreement on a listing price, you would go into court and have the judge set the price. The same concept applies when you receive an...Read more »
If I put down the ENTIRE down payment, and closing costs on a condo, and his name is not on the mortgage, does he get rights to the condo? His name is only on the condo, but hasn't put any money into it i.e down payment, electric costs, internet, cable, furniture, etc.
Very good question. It appears from your question that his name is on the deed. As such, as Florida is a title theory state, the fact that his name is on the deed provides him 50% ownership no matter who made the down payment. Further and assuming the condo was purchased during the marriage, the...Read more »
My husband and I are going through a divorce. I haven’t spent time with our children in 130 days. He has primary residency, not full custody. We do not have a time sharing plan or a parenting plan established. He has restricted health visits so I do not show up to see our daughters. He has... Read more »
I believe you may want to start by filing a Motion for Temporary Timesharing, Child Support, Maintain the Status Quo and Other Related Relief. You can file a claim of Parental Alienation, but you may wish to do so within the Petition for Dissolution of Marriage. You may have to file a Motion to...Read more »
I have a mortgage loan with my ex wife. The loan Is With Regions bank. They won't do an assumption or refinance. They told me I have to go through court to have name removed. How do I do that? Property is in chipley, fl
I do not believe the information you were given is completely accurate. In order to remove your name from the mortgage you would have to either have your ex wife refinance the loan or sell the home. If your ex wife cannot or will not refinance, you could go into court and force the sale of the home...Read more »
she is the petitioner, the divorce case is going on for almost about 5 months, now suddenly she files for notice of voluntary dismissal.. does it get granted right away from the court? do i have still option to continue with the same petition? and how long i have time period to file a counter... Read more »
Generally speaking, a personal injury claim is not subject to the marital estate; therefore, is not subject to equitable distribution. In English, you may not be entitled to the personal injury settlement. I hope this answers your question. Good luck.
I believe you are legally married. The JOP is required to send the original to the county and make and keep copies of the certificate. Ask the JOP for a copy of the certificate and see if she filed it with the county. I am a former JOP in Massachsuetts. As Mr. Thorgaard states, Florida does not...Read more »
It is not. The family court only has jurisdiction under a dissolution of marriage matter to change your name back to your previous name. If you want to change your first name, you will need to file a petition for name change. Good luck!
During early years of the marriage I found my self unemployed. I went back to college, in doing so, I racked up a bunch of student loans some which are paid off some which are not, maybe like 20K. He does not want to share the burden as he stated they are "mine" however, with my annual... Read more »
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