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 »
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 »
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.
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 »
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 »
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 »
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
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 »
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 »
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.
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 »
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!
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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