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Questions Answered by Mr Eric Klein
2 Answers | Asked in Divorce for Florida on
Q: I would like to know my rights as a grandmother

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.... Read more »

Mr Eric Klein
Mr Eric Klein 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... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My last question really wasn't answered. Is it standard to have a parenting plan cover 6 mo in advance or a year?

Trying to figure out how long a parenting plan is usually scheduled for. A year, 6 months or maybe even less?

Mr Eric Klein
Mr Eric Klein answered on Aug 11, 2021

I like to do a parenting plan that covers timesharing until the child is 18 years old.

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4 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: I got divorced in 2019 & have been awarded our house. How do I get ex-husband name off deed & mortgage? Tried having

Tried getting him to sign the quick claim deed form however he refused to do so. Help please!!

Mr Eric Klein
Mr Eric Klein answered on Jul 1, 2021

The first thing you need to do is to refinance the house so that you can remove your ex-husband from the mortgage. The title agency will prepare a deed for your husband to sign at the time of the closing of the refinance. If he refuses to cooperate, you will have to file a motion to enforce the... Read more »

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4 Answers | Asked in Divorce and Immigration Law for Florida on
Q: Can I get divorced in Florida?

My husband and I currently live in Florida. He is here with a work visa and I’m with a spouse visa and we’re in the process of getting our green card but we do not have it yet. Can we file for a divorce in Florida? Or do we have to file in our country where the marriage took place?

Mr Eric Klein
Mr Eric Klein answered on May 26, 2021

You ask a very good question. So long as you have been a Florida resident for at least 6 months, you can file for divorce in Florida. Good luck!

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1 Answer | Asked in Divorce for Florida on
Q: How does someone who is pro se request a court reporter?

Florida divorce case

Mr Eric Klein
Mr Eric Klein answered on May 5, 2021

Simply call a court reporting service and make your request. You should be able to locate a court reporter through Google. Good luck!

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Located on tampa, fl. I am going through a separation with my wife. Who should leave the house to have space, me or her?

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.

Mr Eric Klein
Mr Eric Klein answered on May 1, 2021

Both of you have equal rights to the marital residence. You will need to work it out with her. Good luck!

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3 Answers | Asked in Divorce for Florida on
Q: I'm currently divorcing. Am I entitled to passive growth on my husbands premarital accounts?

He has not contributed or rolled over these accounts he's just let them be but I know they have appreciated in value

Mr Eric Klein
Mr Eric Klein answered on Apr 18, 2021

I'm sorry to say you are not. Good luck.

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2 Answers | Asked in Divorce and Small Claims for Florida on
Q: Can I take legal action against my ex-husband for not refinancing 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 »

Mr Eric Klein
Mr Eric Klein answered on Apr 13, 2021

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 »

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1 Answer | Asked in Divorce for Florida on
Q: How do I stop alimony wage garnishment after my ex-spouse was re-married.

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 »

Mr Eric Klein
Mr Eric Klein answered on Mar 11, 2021

That is true. You must file a motion to terminate alimony and have the judge issue an order. Good luck!

2 Answers | Asked in Divorce for Florida on
Q: Is there anything I can do re the following circumstance with my divorce?

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 »

Mr Eric Klein
Mr Eric Klein answered on Mar 7, 2021

Rather than go into the complexities of the law, I will say that he will not get away with it so long as you consult with a seasoned divorce attorney ASAP. Good luck!

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2 Answers | Asked in Divorce for Florida on
Q: I just found out my husband of 42 years has a 9 year old child in another country

And he send money to her.. is that grounds for divorce .I live I. Florida but have a house in Mississippi and my husband goes to Thailand twice a year .. should I file in Mississippi or Florida

Mr Eric Klein
Mr Eric Klein answered on Dec 29, 2020

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 »

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1 Answer | Asked in Divorce for Florida on
Q: In a Dissolution of Marriage when a home is one of the assets, who sets the selling price of the home?

The Husband is solely responsible for the Mortgage but both are on the Title.

Mr Eric Klein
Mr Eric Klein answered on Nov 25, 2020

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 »

1 Answer | Asked in Divorce for Florida on
Q: My wife moved out in February 2019. We have not filed any paperwork. Are we considered legally separated?
Mr Eric Klein
Mr Eric Klein answered on Oct 9, 2020

Florida does not recognize "legal separation." I hope this helps. Good luck.

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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