Questions Answered by Mr Eric Klein

Q: My husband made a sheriff report against me and the statement that he wrote was unturn. Please advise on how to handle

1 Answer | Asked in Criminal Law, Divorce and Family Law for Florida on
Answered on Feb 8, 2019
Mr Eric Klein's answer
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 judge will issue a Temporary Order for Injunction for Protection Against Domestic Violence and you will have to leave your home and stay away from him until you have a chance to defend yourself in...

Q: Myself and my spouse are filing for divorce. Are we qualified for a Simplified Dissolution of Marriage in Marion County?

2 Answers | Asked in Divorce for Florida on
Answered on Jan 31, 2019
Mr Eric Klein's answer
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 assets, debt and property will be divided

No alimony being sought by either spouse

You both are willing to give up your right to a trial and an appeal

That said, the issue is...

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?

2 Answers | Asked in Divorce for Florida on
Answered on Jan 31, 2019
Mr Eric Klein's answer
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 approximately $409.00. There is also a Summons fee of $10.00 and a fee for service of process. If you qualify, you may have the fee waived as being indigent. I hope this helps. Good luck!

Q: Can a voluntary dismissal of a divorce petition be granted if my spouse filed an answer with the court?

2 Answers | Asked in Divorce for Florida on
Answered on Jan 23, 2019
Mr Eric Klein's answer
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.

Q: Filing for divorce, me and husband separated for 4 years. Newborn isn’t his. Can i ask for Zero child support?

1 Answer | Asked in Child Support and Divorce for Florida on
Answered on Jan 23, 2019
Mr Eric Klein's answer
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 child support guidelines. Without going through this process, a judge will not allow the divorce to go through. Good luck

Q: I live Florida. How long does it take to file divorce petition and get served?

1 Answer | Asked in Divorce for Florida on
Answered on Jan 23, 2019
Mr Eric Klein's answer
Most dedicated attorneys can file a petition for dissolution of marriage and get it served thew same day. Good luck!

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

2 Answers | Asked in Divorce and Domestic Violence for Florida on
Answered on Jan 7, 2019
Mr Eric Klein's answer
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 not relevant as Florida is a no-fault divorce state. I hope this helps. Good luck.

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

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Dec 13, 2018
Mr Eric Klein's answer
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!

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

1 Answer | Asked in Divorce for Florida on
Answered on Dec 4, 2018
Mr Eric Klein's answer
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 a highly skilled attorney to assist you. Good luck.

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

2 Answers | Asked in Divorce for Florida on
Answered on Nov 27, 2018
Mr Eric Klein's answer
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 timesharing until he completes the class. Good luck.

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

1 Answer | Asked in Divorce, Family Law and Personal Injury for Florida on
Answered on Nov 21, 2018
Mr Eric Klein's answer
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.

Q: Getting a divorce in Florida

1 Answer | Asked in Divorce for Florida on
Answered on Nov 13, 2018
Mr Eric Klein's answer
Any skilled and reputable attorney will not answer this question. You should consult with a CPA to answer your question. Good luck.

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

1 Answer | Asked in Divorce for Florida on
Answered on Nov 6, 2018
Mr Eric Klein's answer
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 proceeding). Good luck.

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

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Answered on Nov 4, 2018
Mr Eric Klein's answer
Yes, the husband of a woman is presumed to be the legal and biological father to a child born during a marriage.

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?

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Oct 23, 2018
Mr Eric Klein's answer
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.

Q: Can I file changes to my parenting plan here? My divorce was final in Washington state. Neither of us live in Washington

1 Answer | Asked in Child Support and Divorce for Florida on
Answered on Oct 12, 2018
Mr Eric Klein's answer
It depends where the child(ren) are domiciled. If the children are domiciled in Florida, Yes. You will need to domesticate the WA court order in the Florida court first. Then, you can go in to modify the parenting plan. If the child(ren) are domiciled in Canada, you will have to do the same thing, but in a Canadian court. I hope this helps, Good Luck!

Q: Hello, I live in Cape Canaveral and need a pro bono divorce lawyer, how do i go about it? It's urgent.

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Answered on Oct 4, 2018
Mr Eric Klein's answer
You should contact Legal Aid of Brevard County to assist you on a pro bono basis. Good luck.

Q: Can a mother with custody of a child prevent family any & all visitation/contact with cousins?

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Answered on Sep 28, 2018
Mr Eric Klein's answer
Unfortunately, it is allowed. Under the Florida Constitution, a parent has a right to privacy to raise his or her child as they see fit. That is, even if it were a grandparent, the parent can prevent a grandparent from seeing their grandchild. Sorry to be the bearer of bad news...Good luck.

Q: Hello i am currently married with my wife of 2 years. And i am in the military and undergoing a divorce.

2 Answers | Asked in Divorce for Florida on
Answered on Sep 17, 2018
Mr Eric Klein's answer
The short answer to your question is yes, as Florida is an equitable distribution state, you get to keep the house as it is premarital. However, as attorney Lieber alluded to, your wife would be entitled to one-half of any appreciation that may have accrued during the two years of your marriage. I hope this helps. Good luck.

Q: Good evening, My wife left me one week after receiving her 10 years green card, and one month after coming to the US.

1 Answer | Asked in Divorce and Immigration Law for Florida on
Answered on Sep 5, 2018
Mr Eric Klein's answer
As Florida is a "No Fault" divorce state, you cannot stop her. With this in mind, don't fight it because the only people that will benefit from this are the lawyers. I'm sorry this has happened to you, good luck.

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