Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Mr Eric Klein

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 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 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 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 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 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 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 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 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 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 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 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!

2 Answers | Asked in Divorce and Domestic Violence for Florida on

Q: If married but home and property are only in my name does my wife have rights to it after I ask her to leave my home

I'm 70 years old, my wife is 50 years old. I found her in my room with another man but I went to jail not either my wife or the man with a machete in my bedroom

Mr Eric Klein answered on Jan 7, 2019

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 »

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on

Q: If my ex is behind in His Alimony payments can he be forced to sell items to keep me from becoming homeless.

My payments stopped in June and I am recently unemployed. My payments are 3 grand per month. I am in a hardship now.

Mr Eric Klein answered on Dec 13, 2018

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!

1 Answer | Asked in Divorce for Florida on

Q: I can’t afford to pay my alimony payment!

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.

This... Read more »

Mr Eric Klein answered on Dec 4, 2018

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 »

2 Answers | Asked in Divorce for Florida on

Q: Husband is not willing to take the 4 hrs parenting first class required by Florida. Does he have to complete the class?

Can I only complete the 4 hr parenting class in order to finalize the divorce?

Mr Eric Klein answered on Nov 27, 2018

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 »

View More Answers

1 Answer | Asked in Divorce, Family Law and Personal Injury for Florida on

Q: Am I entitled to some of my husbands lawsuit I took care of all bills etc now he left me cause his money is coming

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 »

Mr Eric Klein answered on Nov 21, 2018

If you were to divorce, you would not be entitled to any of the settlement. However, did you make a claim for Loss of consortium? If not, check with his attorney. That would be your claim. Good luck.

1 Answer | Asked in Divorce for Florida on

Q: Getting a divorce in Florida

I'm asking for the house which is paid for. Are there any ramifications such as tax problems when doing so?

Mr Eric Klein answered on Nov 13, 2018

Any skilled and reputable attorney will not answer this question. You should consult with a CPA to answer your question. Good luck.

1 Answer | Asked in Divorce for Florida on

Q: If separated but living together am I able to change the locks of the house?

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

Mr Eric Klein answered on Nov 6, 2018

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 »

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on

Q: If a married women has a child with a man she is not married to, is that child legally her husbands?

Mr Eric Klein answered on Nov 4, 2018

Yes, the husband of a woman is presumed to be the legal and biological father to a child born during a marriage.

1 Answer | Asked in Divorce and Family Law for Florida on

Q: Wife left 2 years ago she is now pregnant with someone else’s child what forms do I need to file to get my divorce?

We have no common children and we have no property to separate no co bills? How does her unborn child change my options for filing for divorce?

Mr Eric Klein answered on Oct 23, 2018

This is a very complicated divorce. There are no forms that specifically address this issue. You are going to need assistance of an attorney. 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.