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Questions Answered by Mr Eric Klein
1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: If i buy a house in Florida without my spouse and we divorce later, does she get the house?
Mr Eric Klein
Mr Eric Klein answered on Sep 25, 2020

As Florida is an equitable distribution state, without any other facts, your spouse would be entitled to 50% of the house in the event of a divorce. I hope this helps. Good luck!

2 Answers | Asked in Divorce, Child Custody and Child Support for Florida on
Q: If the plaintiff does not have a lawyer or attorney, can he or she contact the defendants lawyer for a settlement?
Mr Eric Klein
Mr Eric Klein answered on Sep 15, 2020

The plaintiff in this case is what's known as a pro se litigant, a litigant representing themselves. So yes, the plaintiff may contact opposing counsel Good luck!

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1 Answer | Asked in Divorce for Florida on
Q: What is he entitled to if we file for a divorce and own a condo?

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.

The reason for... Read more »

Mr Eric Klein
Mr Eric Klein answered on Aug 24, 2020

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 »

1 Answer | Asked in Divorce and Child Custody for Florida on
Q: What law does child alienation fall under? What is the criteria that has to be met to sue for child alienation?

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 »

Mr Eric Klein
Mr Eric Klein answered on Jul 21, 2020

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 »

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: How does one address a court mediator during mediation. Is "Sir" or "Ma'am" the most appropriate nomenclature?
Mr Eric Klein
Mr Eric Klein answered on Jul 20, 2020

You should introduce yourself to the mediator and simply ask "May I call you John or do you prefer Mr. Smith"? A mediator is not a judge. Good luck!

3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: I need help with house in a divorce

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

Mr Eric Klein
Mr Eric Klein answered on Jun 1, 2020

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 »

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2 Answers | Asked in Divorce for Florida on
Q: My wife filed notice of voluntary dismissal, do i have option to continue that petition again as like before?

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 »

Mr Eric Klein
Mr Eric Klein answered on May 26, 2020

The only way to keep the case going is if you filed a counterpetition. Check the local court rules in your area for the deadline to file the counterpetition. Good luck!

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3 Answers | Asked in Divorce and Family Law for Florida on
Q: I have a prenup, we have no marital property, he was in a car accident where he will get over 1M will that be joint?

He now says he doesn’t want to be married the suit is settling soon. It doesn’t feel right

Mr Eric Klein
Mr Eric Klein answered on Apr 22, 2020

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.

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2 Answers | Asked in Divorce and Domestic Violence for Florida on
Q: Hi I am in need of legal advice please. Real short I married the man I loved on 2/2/20 at our home by Justice of Peace.

Husband kept cetficate and flushed down toilet just spoke with her yesterday no record Are we legally married or not

Mr Eric Klein
Mr Eric Klein answered on Apr 7, 2020

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 »

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1 Answer | Asked in Divorce for Florida on
Q: When filing for divorce and returning to my maiden name for my last name, is it also possible to change my first name?
Mr Eric Klein
Mr Eric Klein answered on Mar 19, 2020

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!

2 Answers | Asked in Divorce for Florida on
Q: Husband refuses to pay student loans in divorce

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 »

Mr Eric Klein
Mr Eric Klein answered on Mar 6, 2020

I'm not sure why you mention social security and tax statements, but so long as you incurred the student loans during the marriage, he will be responsible for 50% of the unpaid balance. Good luck.

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2 Answers | Asked in Divorce for Florida on
Q: I agreed to an uncontested divorce, but see that the financial statement my husband filled out on my behalf is wrong

What kind of additional information or correction can I submit to my case before it is finalized?

Mr Eric Klein
Mr Eric Klein answered on Mar 1, 2020

Simply file an amended financial affidavit. Good luck.

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3 Answers | Asked in Divorce for Florida on
Q: I have been paying lifetime alimony for the past 10 years.

My ex wife has her masters degree and since the divorce she has been working. Probably making around 40-50K a year plus the $4k I give her a month in alimony. She sold the house, I gave her the equity and she downsized. Is there anyway for me to get out of lifetime alimony ? She is in a better... Read more »

Mr Eric Klein
Mr Eric Klein answered on Feb 24, 2020

First, please understand that alimony is not "lifetime," it may be permanent, but that does not necessarily mean a lifetime. Next, depending on what you agreed to in the divorce, the alimony should be modifiable. If so, you could file a motion to modify alimony downward. You should... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: My husband and I have separated by his request. If I move out of our house, can he claim that I abandoned our home?

We have been married 34 years before separation and live in Florida. We own the house together and I'm still living in the same home with him but separated, but i would like to live in my own apartment now. He said he would help me with rent since I am disabled and live on Social Security... Read more »

Mr Eric Klein
Mr Eric Klein answered on Jan 20, 2020

As Florida is a no-fault divorce state, Florida does not recognize abandonment as a fault ground for divorce. As such, if you were to abandon the marital residence, it could not be used against you in divorce proceedings. Further, he can go forward in the divorce without you even if you do not want... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: How do I prepare and present evidence at my hearing pro se including videos, photographs and text messages?
Mr Eric Klein
Mr Eric Klein answered on Jan 18, 2020

The rules of evidence are very complex. Lawyers spend three to four years in law school and countless years of practice learning how to prepare and present evidence. For example there are 23 exceptions to the hearsay rule and you have to have them memorized as you are putting on your case before a... Read more »

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4 Answers | Asked in Contracts and Divorce for Florida on
Q: Do I have any responsibility to make payments on a credit card if I am or am not an authorized user?

I shared a credit card with a boyfriend and now we are broken up and he wants me to make payments on it since we both used the card. I am not an authorized user.

Mr Eric Klein
Mr Eric Klein answered on Jan 9, 2020

It depends. Did you promise your boyfriend that you would make payments or pay him back for the charges you incurred? If so, it could be argued that you are responsible to your boyfriend, not the bank, for the debt you incurred even if you are not an authorized user. I hope this helps. Good luck.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I call the court house and schedule a hearing or do I have to wait on the judge to decide?

Im currently going through divorce and my Husband isn't co parenting with me he keeps our child for longer days than expected an he's making it very difficult to raise our child. I know we have to wait on a mediation date from the court but is it possible for me to call the court house an... Read more »

Mr Eric Klein
Mr Eric Klein answered on Dec 14, 2019

You have raised many issues in your post. I will try to address one at a time.

Yes you can and should call the courthouse and schedule a hearing, do not wait for the judge because the judge will not do it for you.

Regarding mediation, the court will generally not order mediation...
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4 Answers | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How can I get my child back from my child father?

I let my daughter go with her father for the weekend he was suppose to bring her back instead he decided to withdraw her from daycare, block my number and any attempt for me to contact my child. I filed for divorce soon after this happened but hes still not allowing me to see her its been 4 weeks... Read more »

Mr Eric Klein
Mr Eric Klein answered on Dec 11, 2019

You need to file an Emergency Motion for Pick-up Order AND call the judge's assistant to schedule it for a hearing. Good luck!

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2 Answers | Asked in Divorce for Florida on
Q: How do I force the sale of my house? It’s court ordered to be sold, but ex husband will not respond to the realtor.

My ex husband is still living in our home and the house is supposed to be on the market to be sold. He will not communicate with me or the realtor who the court chose to sell the home. How can I move this process along and get my house on the market?

Mr Eric Klein
Mr Eric Klein answered on Nov 10, 2019

File a Motion for Contempt or Enforce the Sale of the Marital Residence. Don't forget to notice it for a hearing. Good luck!

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1 Answer | Asked in Divorce for Florida on
Q: i live in Wesley Chapel. i am temporarily in California. I was 'served' by a random person my wife knows. is that normal

I was handed divorce papers my wife filed

can just anybody serve me or is a process servor required?

Mr Eric Klein
Mr Eric Klein answered on Sep 17, 2019

You are bound by the rules regarding serving of process of the state in which service was made. If CA allows such service, it is good service. Consult with a CA lawyer for more information. Good luck.

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