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Questions Answered by Mr Eric Klein
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... View 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!

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
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... View More

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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
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... View More

Mr Eric Klein
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... View 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
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... View More

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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... View More

Mr Eric Klein
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
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
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... View 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
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
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.

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Can I file changes to my parenting plan here? My divorce was final in Washington state. Neither of us live in Washington

My ex lives in Canada and I live in Florida.

Mr Eric Klein
Mr Eric Klein
answered on Oct 12, 2018

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,... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Q: Hello, I live in Cape Canaveral and need a pro bono divorce lawyer, how do i go about it? It's urgent.

Hello, I have a big problem, My daughter and I are being mentally, emotionally and financially abused by her father, my husband, for awhile now. I am very sick with really bad depression and anxiety, i had graves disease 3 years ago where I had to get radiation therapy because i couldn't even... View More

Mr Eric Klein
Mr Eric Klein
answered on Oct 4, 2018

You should contact Legal Aid of Brevard County to assist you on a pro bono basis. Good luck.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a mother with custody of a child prevent family any & all visitation/contact with cousins?

There is a relative of mine that is the child of a divorced couple. Her mother has custody of her and she wants to have contact/visitation with me. Her mother prevents her from having any sort of contact/visitation with her relatives despite her wanting to. Is this allowed?

Mr Eric Klein
Mr Eric Klein
answered on Sep 28, 2018

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.

2 Answers | Asked in Divorce for Florida on
Q: Hello i am currently married with my wife of 2 years. And i am in the military and undergoing a divorce.

I an wondering about my house. It was obtained prior to marriage and i have been the sole provider for it. We have no kids and i just wanted to get informed about if i get to keep the house.

Mr Eric Klein
Mr Eric Klein
answered on Sep 17, 2018

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... View More

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1 Answer | Asked in Divorce and Immigration Law for Florida on
Q: Good evening, My wife left me one week after receiving her 10 years green card, and one month after coming to the US.

Today, she told me through her sister that she wants to divorce. Please advice. Thank you

Mr Eric Klein
Mr Eric Klein
answered on Sep 5, 2018

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.

1 Answer | Asked in Divorce for Florida on
Q: It's been 3 months since my divorce trial. All was decided, but I have not heard anything from my attorney. What to do

I had to keep on my attorney the entire 7 months for everything. It was not contested by my spouse and he has had everything he needed for 7 months before doing ANYTHING. Now it's all been decided (we went to trial in June), but not a word from my attorney or the court in 3 months. I have... View More

Mr Eric Klein
Mr Eric Klein
answered on Sep 4, 2018

You should probably hire a different attorney, a skilled and professional attorney, to pick-up the pieces. Do not look for an attorney based on price. Once you start price shopping, this is what happens. I believe Kurt Vonnegut said it best, “In this world, you get what you pay for.” Get... View More

1 Answer | Asked in Divorce for Florida on
Q: My ex wife was ordered to return $4000 that she took from our joint savings in our divorce but never payed it back.

What can I do to force her to pay according the court order?

Mr Eric Klein
Mr Eric Klein
answered on Aug 28, 2018

File a Motion for Contempt / Enforcement AND notice it for a hearing. Good luck!

1 Answer | Asked in Divorce for Florida on
Q: I have processed papers for a divorce but have not served wife. Can she still file and serve me?
Mr Eric Klein
Mr Eric Klein
answered on Aug 16, 2018

She could, but it does not matter. It does not matter who files first. It is not a race to the courthouse. If it just so happens two cases are filed, the judge will most likely consolidate the two cases into one. Good luck.

1 Answer | Asked in Divorce for Florida on
Q: Is there a statue of limitations of time on a divorce decree? Ex owes me 40k, in the settlement, haven’t seen a penny.

Filed in Georgia. This has been over 10 years.

Mr Eric Klein
Mr Eric Klein
answered on Aug 8, 2018

You must contact an attorney in Georgia. Good luck.

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