Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Mr Eric Klein
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 »

View More Answers

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.

View More Answers

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 ask when... 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...
Read more »

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!

View More Answers

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!

View More Answers

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!

View More Answers

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 »

1 Answer | Asked in Divorce for Florida on
Q: Filing for an out of state contested divorce.

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?

Mr Eric Klein
Mr Eric Klein answered on Jul 29, 2019

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!

1 Answer | Asked in Divorce for Florida on
Q: Will I owe my wife alimony if we divorce?

She makes 100k, I make 160k. Our daughter is grown. Our net worth is about 750k now, married 26 years.

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

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 »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: My husband made a sheriff report against me and the statement that he wrote was unturn. Please advise on how to handle

In his statement he indicates I have been trying to kill him and he is in fear of his life. This is a stunt to seek custody of our 8 year old son as we have been discussing divorce.

I was under the impression filing a false claim is a felony.

I work for the hospital and he knows I... Read more »

Mr Eric Klein
Mr Eric Klein answered on Feb 8, 2019

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 »

2 Answers | Asked in Divorce for Florida on
Q: Myself and my spouse are filing for divorce. Are we qualified for a Simplified Dissolution of Marriage in Marion County?

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 »

Mr Eric Klein
Mr Eric Klein answered on Jan 31, 2019

The process for filing a simplified dissolution of marriage can be relatively simple and quick. However, the following criteria must be met in order to be eligible for a simplified divorce filing:

No minor children together and the wife is not pregnant

The couple has agreed on how...
Read more »

View More Answers

2 Answers | Asked in Divorce for Florida on
Q: How do I file for divorce and who has to come up with the money, the person filing? What does it cost to file?
Mr Eric Klein
Mr Eric Klein answered on Jan 31, 2019

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 »

View More Answers

2 Answers | Asked in Divorce for Florida on
Q: Can a voluntary dismissal of a divorce petition be granted if my spouse filed an answer with the court?

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?

Mr Eric Klein
Mr Eric Klein answered on Jan 23, 2019

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.

View More Answers

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Filing for divorce, me and husband separated for 4 years. Newborn isn’t his. Can i ask for Zero child support?

Trying for fill out the divorce packet and I dont want to ask for child support since the child isn’t his. But it keeps saying i need to put something.

Mr Eric Klein
Mr Eric Klein answered on Jan 23, 2019

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 »

1 Answer | Asked in Divorce for Florida on
Q: I live Florida. How long does it take to file divorce petition and get served?
Mr Eric Klein
Mr Eric Klein answered on Jan 23, 2019

Most dedicated attorneys can file a petition for dissolution of marriage and get it served thew same day. Good luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.