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Questions Answered by Mr Eric Klein
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.

2 Answers | Asked in Divorce for Florida on
Q: My husband isn't a father of my child. He signed affidavit of non-paternity. Do we qualify for simplified divorce in FL?

I had a child while being married to my husband (after we got separated). Now we both would like to end our marriage as soon and easy as possible. He signed affidavit of non-paternity. Can we file for simplified divorce in Florida and state that we don't have kids on the petition?

Mr Eric Klein
Mr Eric Klein answered on Aug 21, 2019

Yes, however, the judge may require that Paternity be established by the biological Father prior to granting you a judgment for dissolution of marriage. Good luck!

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1 Answer | Asked in Divorce for Florida on
Q: I am a single parent who works at Walmart. I need a divorce. It will be uncontested with no assets. What is my cheapest

Option.

Mr Eric Klein
Mr Eric Klein answered on Aug 20, 2019

The most inexpensive way to go is to go to the courthouse and purchase a Dissolution of Marriage kit. It costs about $25.00 and you can do it yourself. Alternatively, for about $300 to $500, you can go on-line and look for a Dissolution of Marriage form preparer . Good luck!

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: If my wife is caught cheating, how can I use that in divorce court to win physical custody of my child? He is 2.
Mr Eric Klein
Mr Eric Klein answered on Aug 9, 2019

Simply put, you cannot. As Florida is a no-fault divorce state, the fact that she was cheating is not relevant to the divorce or the issue of custody. Good luck.

1 Answer | Asked in Divorce for Florida on
Q: Do I have to stay in my home and not leave in order to state that I am not abandoning it?

I'm not sure that we could stay in the same house together, but if I move out, I don't want her to be awarded the house and say I abandoned it.

Mr Eric Klein
Mr Eric Klein answered on Aug 1, 2019

Florida is a no-fault divorce state. That means if you abandon the marital residence, you will not lose your interest in the house. You may not be able to go back to live there, but you will not lose your ownership interest you may have in the property. As such, when you are finally divorced, you... Read more »

1 Answer | Asked in Divorce for Florida on
Q: I'm trying to get divorced and I have no idea where my spouse live. I know they dont reside in Florida. So what do I do?
Mr Eric Klein
Mr Eric Klein answered on Jul 30, 2019

The best thing to do is to hire a private investigator in an effort to locate your spouse. If the private investigator finds your spouse, you can then serve your spouse. In the event your spouse cannot be located, the private investigator will issue a diligent search report. You would then go into... Read more »

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