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 »
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 »
My spouse stays in Texas and I recently moved back to Florida to be closer to family. She doesn't want a divorce but I do. Is there a way for me to file for divorce without me having to physically go back to Texas?
Once you are a Florida resident for six months, you could file for divorce in Florida. However, I suggest you consult a highly skilled divorce lawyer as there are jurisdictional issues you will need to deal with that could negatively effect you. Good luck!
Although on the surface, it seems like a simple question, and it is, but the answer is not. She may not have a need for alimony now, but what if she lost her job two years from now? What if she became permanently disabled and could not work? Please consult a highly skilled divorce attorney...Read more »
From a criminal perspective, if you were not arrested, then there's nothing for you to do. From a civil perspective, he may be gearing up to file a Petition for Injunction for Protection Against Domestic Violence. If he is successful in convincing a judge that he is in imminent fear for his life, a...Read more »
The original plan was for both of us to file the forms for a Simplified Dissolution of Marriage, and end the relationship amicably. Early on, my spouse became paranoid that I would somehow trick her out of money, and hired a divorce lawyer.
This divorce lawyer has since told my spouse that... Read more »
Aside from hiring a lawyer, you could go to the courthouse and purchase a Dissolution of Marriage filing kit. It will have all of the documents needed along with instructions on how to file for divorce. As for the filing fee, the person who files the petition will be charged the filing fee which is...Read more »
He did not file a counter claim only an answer to my petition & limited representation with his attorney. I dismissed it a week ago and the case is still showing as open, is an answer to my petition the same as a counter claim?
A dismissal is not granted or denied. You just file a Notice of Voluntary Dismissal and the case will close so long as a counterpetition was not filed. If a counterpetition was filed, that should be dismissed in the same way. I hope this helps. Good luck.
The answer to your question is not so simple, you have a complex situation. What you will need to do is disestablish paternity with your husband and establish paternity with the child’s biological father. Once you establish paternity with the biological father, then you can avoid completing the...Read more »
Generally, any property, real or personal, that was acquired during the marriage is subject to equitable distribution. With this in mind, if you bought the home and property during the marriage, your spouse has an equitable claim to it. Generally, 50%. The fact that your wife was cheating on you is...Read more »
You should file a Motion for Contempt/Enforcement AND notice it for a hearing. The judge has many options to get you your money, one of which is for him to liquidate assets. I hope this helps. Good luck!
Wife and I divorced last year (2017) We had been married 21 years. I mediated with her and signed an agreement for alimony payments as she had worked on and off during our marriage and never made much money and I am a self employed small business owner and used to make a decent living.
You should immediately file a Motion to Modify Alimony AND set it for a hearing. You will have to prove to the court's satisfaction that there has been a substantial change in circumstances, which in this case, is the fact that your sales and income have been cut in half. I believe you should hire...Read more »
Once you complete the class, file a Motion to Compel Husband to Take Parenting Class AND notice the motion for a hearing by calling the judicial assistant. At the hearing, you should be able to obtain a court order for him to complete the course. Then, if he still does not, the judge may withhold...Read more »
My husband was in a really severe accident he has a lawsuit that's been going on for 2 years and is about to close he abandoned me and I'm on disability I want a divorce but cannot afford one am I entitled to any of his lawsuit I had to borrow money to pay the bills while he was out of work for 12... Read more »
My spouse pays none of the bills and has told me that 5 years ago they fell out of love with me. I do not feel as if there is a chance to continue with the marriage despite my efforts to show how much I want this to work
You could change the locks, but your spouse is still legally allowed to enter and live there. Your spouse could legally break the lock or a window and enter the house and continue to live there. The only way to get your spouse out is if he or she leaves voluntarily or by court order (divorce...Read more »
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