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answered on Nov 12, 2024
No. So long as your spouse does not comingle the inheritance with any marital property, an inheritance is non-marital.
answered on Sep 7, 2024
Your question does not require legal analysis. And no one can make you do something you do not want to do, unless of course they have a gun to your head. Perhaps you should retain the services of a divorce coach or obtain counseling. I wish you good luck.
I’m getting divorced and my ex wife and me may or may not have a kid together. I’m here in Florida and she moved to Tennessee and she refuses to do a DNA test or respond to my attorney. She’s been served and her 20 day response time expired 2 months ago. I’ve paid for mediation but the... View More 
Parents want a divorce, fighting over children. Mother had children. Mother got arrested and has been in jail for over a year case not tried yet.
Courts gave Father the children. He now wants her to sign the paper for a divorce. Her attorney took herself off the case several months ago... View More
answered on Mar 29, 2024
Yes, divorce papers can be served on you if you are in jail. No, you do not have to sign for the divorce papers if you are in jail. I hope this helps. Good luck!
I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... View More
answered on Dec 28, 2022
There is nothing a lawyer does that you cannot do for yourself; therefore, you may represent yourself in court. There are forms you can purchase at the courthouse or online. You may wish to also consider Googling form preparers who can assist you with filling out the forms, but they cannot provide... View More
answered on Nov 23, 2022
Once you are 18, you are emancipated. With this in mind, no you do not legally need either parent's permission to travel with the other. Good luck!
My wife moved the kids from our home in Melbourne, Florida without telling me. I am still providing financial supporting to the kids. The kids are 7 and 5 years old. My wife told me that she enrolled the kids in a school in Maryland without my consent. What are my rights and responsibilities?
answered on Aug 18, 2022
Hire an attorney. The attorney will go into court and file an Emergency Motion for Pick-up. You could have the kids back with two to three days. Good luck!
answered on Aug 15, 2022
As Florida is a no-fault divorce state, there is no need to separate prior to filing for dissolution of marriage. Good luck!
I LIVE IN NYC AND MY EXWIFE AND KIDS LIVE IN TAMPA AND HOW MUCH TYPICALLY IS A RETAINER FEE FOR THIS SERVICE
answered on Jul 6, 2022
It is very difficult. You would have to prove a substantial change in circumstances and prove that it is in the best interest of the child to relocate. If your spouse puts up a legitimate fight, you should expect to pay a good, seasoned lawyer about $15,000 to $40,000. Good luck!
All 3 of our children are 18 and older. We have no property or any type of assets that need to be split. I have not had any contact with this man in 6-7 years and I just don't want to have anything else more to do with him. He has also cheated on me during our marriage and supposedly had 2... View More
answered on Jun 21, 2022
The only difference between this situation and others is that your husband is incarcerated. To get a divorce, file papers as you normally would and serve him with the papers. The service of process part is probably what you are concerned about. You simply file the papers here in Florida and hire a... View More
What state holds jurisdiction if I were wanting to modify the child custody arrangement?
So I’m 16 years old and my parents are divorced with dual custody over me. I stay with my mom one week and same thing goes with my dad. I got hired at a place in my mom’s town, and since my dad lives 45 minutes away from there, I can imagine it’d cause some difficulties for him since I... View More
answered on May 20, 2022
I’m sorry to hear that you’ve been put in this position by the unfortunate circumstances of divorce. To answer your question, if you ask your dad permission to stay with your mom, he does have control over you as to where you will be staying during his court ordered time. If he says no, the... View More
The letter states:
"I am writing to inform you that i am revoking my consent for you to live in, or use, the property at *Address*. Therefore on or before May 9 2022 or 15 days from the date of this notice, You are hereby notified to vacate the premises. Since there is no rental or... View More
answered on Apr 27, 2022
Think of an unlawful detainer as an eviction. An unlawful detainer action is brought against someone living on the premises where there is or was a relationship between the person who owns or rents the property and the person that they are in a relationship with. It could be a boyfriend/girlfriend,... View More
My husband and I bought a house together a few years ago. I have my 2 kids from my first marriage, they live with me full time. He has his kid from his 2nd marriage which is here part time. He keeps telling me to leave because I dont like how he treats my kids. Yet he wont divorce me. If we get a... View More
answered on Feb 24, 2022
The judge would simply order the house sold and have the realized funds distributed equitably. Good luck.
home where the mortgage is in his name only and the deed in both of our names. We agreed to sell the home until just before our separation, then split the equity. Now he wants to stay in the home and buy me out.
The problem: He'd like to use the appraisal value, but I'd like... View More
answered on Feb 15, 2022
Although you’re asking what the judge would use to make a ruling, strategically, you should come up with an agreement between you and your spouse. I agree with you, that appraisals are not keeping up with the market. Further, a BPO, although somewhat accurate, cannot accurately make a judgment of... View More
answered on Feb 14, 2022
To answer your question directly, yes. But only to that part that accumulated during the marriage. Take a look at the balance of the account on the date of your marriage and the balance today. Subtract the two. If you were to file for divorce today, he would be entitled to 1/2 of the appreciated... View More
Would the cards be stacked against me if I left our home which we rent prior to serving him with divorce papers? we have no children together and own no properties or joint accounts.
answered on Feb 14, 2022
As Florida is a no-fault divorce state, there would be no penalty if you were to move out of the marital residence. Abandonment is no longer a recognized consequence of vacating the marital residence. Good luck!
The father of my daughter lives in a different state (South Carolina) while I live in Florida. If I need to prove paternity, will the case be by Flordia Law or South Carolina Law?
answered on Dec 16, 2021
You've raised a complex jurisdictional issue. Although you and the child reside in Florida, if Dad files a paternity case in SC before you file a case in Florida, SC law will prevail; but only as it relates to establish paternity. SC does not have the authority to order child support or... View More
I have watched my granddaughter everyday sense she was born and provided everything for her except diapers and wipes. She is now three and her parents are getting a divorce.all of a sudden her mother texted me to tell me she would not be coming to drop her off anymore as she put her in day care.... View More
answered on Aug 25, 2021
Unfortunately, Florida does not recognize the rights of grandparents whatsoever. Under the Florida constitution, parents have an absolute right to privacy to raise their children anyway they see fit so long, of course, as a child is not harmed in anyway. As a grandparent, the only rights you have... View More
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