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... View More
answered on Feb 24, 2020
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... View 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... View More
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... View More
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... View More
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.
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.
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... View More
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... View More
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... View More
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!
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?
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!
I was handed divorce papers my wife filed
can just anybody serve me or is a process servor required?
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.
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?
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!
Option.
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!
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.
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.
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... View More
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... View 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?
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!
She makes 100k, I make 160k. Our daughter is grown. Our net worth is about 750k now, married 26 years.
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... View More
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... View More
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... View 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... View More
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... View More
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... View 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?
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.
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.
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... View More
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