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Questions Answered by Mr Eric Klein
1 Answer | Asked in Divorce for Florida on
Q: How will I be able to secure alimony and child support if he owns his own company and is claiming bankruptcy?
Mr Eric Klein
Mr Eric Klein
answered on Apr 20, 2018

Not only will you need to hire a highly skilled attorney you will also have to hire a highly skilled forensic accountant. I wish you well, good luck

1 Answer | Asked in Divorce for Florida on
Q: Been seperated from my husband for 14 years. Can i file a simplified divorce even if we have a 16 year old son.

Child support/ custody already established

Mr Eric Klein
Mr Eric Klein
answered on Apr 19, 2018

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:

***The couple has no minor children together and the wife is not pregnant

The couple...
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2 Answers | Asked in Divorce for Florida on
Q: Which is filed first. 1. Change of venue or 2. Response or answers to your divorce papers that were served to you

He lives in TN. I'm a resident of Florida. I've never lived in TN. It would be a hardship for me. He has ties in Fl...property and family.

Mr Eric Klein
Mr Eric Klein
answered on Apr 18, 2018

It sounds as if he filed in TN. The issue is not change of venue, it is a Motion to Dismiss for Lack of Jurisdiction. However, if he has resided in TN for at least 6 months prior to filing, the case will stay in TN. In the facts you described, it is the first one to the courthouse wins.... View More

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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: I am married but separated and live in Florida. I want to move to Illinois with my children. Can I do that?
Mr Eric Klein
Mr Eric Klein
answered on Apr 11, 2018

You can, but you take the risk of your spouse filing an Emergency Motion for Pick-up Order. The proper way to do it is to file papers with the court of your intention to relocate. This is very complex and you should hire a highly skilled attorney to assist you. Good luck.

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: I need help completely keeping my child safe from a dangerous situation

Long story short.. We married. I had 1 child prior, he had 2 children prior and we had 1 together. It all came out that both of my biological children, had been molested by his biological children. I have proof in the first case of molestation. An evaluation to which the child admits. I can not... View More

Mr Eric Klein
Mr Eric Klein
answered on Apr 11, 2018

If you do not have the resources to hire a skilled lawyer, you should contact Florida Department of Children and Families. You could call the Florida Abuse Hotline at 1-800-962-2873. Good luck.

1 Answer | Asked in Divorce for Florida on
Q: What qualifies for alimony in the state of Florida? /

My husband receives $9,000 in NFL disability & $2,200 SS Disability, total and perminate. I’m unemployed since June 2017 where I was working as a Flight Attendant. I want joint custody.

Mr Eric Klein
Mr Eric Klein
answered on Apr 10, 2018

You are not providing me with enough information and I do not quite understand your question. However, it sounds as if you have a strong case for alimony, the amount of which needs to be determined based on your need and his ability to meet that need. Good luck.

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Q: I want to live with my dad at Nevada but my mom doesn’t let me and she lives in Florida, is there a calm solution?

My parents are divorced since I was a baby and I’m a teenager now (16), I’m looking for a solution that doesn’t cause trouble between them and both of my families

Mr Eric Klein
Mr Eric Klein
answered on Apr 10, 2018

Sorry to say, but until you are 18 years old, you've got nothing to say about where you live. The best thing to do is for you and your mom go to counseling and convince the counselor to convince your mom to let you go. Go luck.

2 Answers | Asked in Divorce for Florida on
Q: Live in Florida filing a simplified dissolution of marriage. Can I live elsewhere till divorce finalized

Difficult to live with spouse. Only asking for half of house value and nothing else. Worried about abandonment laws.

Mr Eric Klein
Mr Eric Klein
answered on Apr 7, 2018

As Florida is a no-fault divorce state, you can abandon (or move out of) the marital residence without suffering any legal consequences as they may relate to your divorce. i.e. Florida does not have nay "abandonment" laws as it relates to a dissolution of marriage. Good luck.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I be on the phone with the judge and both Attorneys for my Pretrial conference?

Hi I have a pretrial conference coming up next month on the eighth so every time my attorney speaks with the judge during my pretrial conference my trial date for my divorce and child custody keeps getting bumped up to the next month every time. and I don’t have money to pay out of my pocket... View More

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

It sounds like you have an attorney is afraid to go to trial. It's time to find another lawyer. Meanwhile, you MUST get your lawyer on the phone and demand that he set the case for trial. Good luck.

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: I am Divorced according to Islamic Laws. How can I start the legal action regarding this ?
Mr Eric Klein
Mr Eric Klein
answered on Apr 3, 2018

You would start the legal action just as you would without the religious divorce by filing a Petition or Dissolution of Marriage with or without Children. Good luck.

1 Answer | Asked in Divorce for Florida on
Q: How do I finalize a divorce if everything is complete and my ex wife will not sign the financial affidavit?

She keeps claiming she forgets or loses it, but doesn’t want to sign so that she can say we are legally together while we’re legally separated. All that I need to complete the divorce is her signature on that paper and it’s not happening.

Mr Eric Klein
Mr Eric Klein
answered on Mar 6, 2018

First of all, Florida does not recognize legal separation; you are either married or you're not. Next, file a Motion to Compel Wife to File her Financial Affidavit and set it for a UMC hearing ASAP. Good luck.

2 Answers | Asked in Divorce for Florida on
Q: I bought a condo in Florida before I was married. Once married, I placed his name on the deed.

I make all mortgage payments myself. During my divorce, what part of the condo or what assets is my spouse entitled to? Appreciation? Equity?

Mr Eric Klein
Mr Eric Klein
answered on Mar 3, 2018

You generously gave your spouse a very nice gift. As a result, the home is considered part of the marital estate subject equitable distribution. Meaning, (s)he would be entitled to half the value of the home.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My wife has left with our 3 children, 4 times w/o notice or answering phone for weeks, this time she left state. Legal?
Mr Eric Klein
Mr Eric Klein
answered on Feb 22, 2018

I do not agree. You should go into court and file an Emergency Motion for Pick Order to bring the children back. You should talk to a lawyer. Good luck.

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1 Answer | Asked in Divorce for Florida on
Q: i have been seperated since oct 2017. We were married in ga in 2009. I now live in Fl. Looking to file divorce.

We have 2 children together that have been with me since the seperation. Have no clue how to even start the divorce process.

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

You should consult with a Florida attorney. As you and your children have been in Florida for at least 6 months, Florida has jurisdiction over both you and your children, therefore, more likely than not, the divorce must be filed in Florida. Good luck.

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: Ex & I currently have 50/50 custody. Children ages 6 & 9 don't want to live with him due to verbal abuse. Options?

Children complain dad yells, calls them names, uses cuss words and says mean things about mommy. They cry and beg me not to return them when they are with me. Concerned for my children.

Mr Eric Klein
Mr Eric Klein
answered on Feb 16, 2018

You may want to consider filing an emergency / urgent motion to suspend time-sharing. Please consult an attorney ASAP. Good luck.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Does Florida Statute 787.03 (Interference with Custody) apply to marital situations?

The wife took the kids and ran. No history of DV, abuse, drugs, alcohol, or infidelity.

Mr Eric Klein
Mr Eric Klein
answered on Feb 13, 2018

File an Emergency Motion for Pick-up Order.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Is it illegal to introduce my daughter to my boyfriend before my divorce is finalized?

I committed adultery prior to my separation. I remain in a relationship with the same man. We have been friends for many years, and became romantic 10 months ago. My husband moved out 3 and a half months ago. I live in Tampa, Florida, and my boyfriend lives in Sidney, Ohio with his daughter. I plan... View More

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

As Florida is a no-fault divorce state, yes, you can introduce your daughter to your new significant other. The fact that you committed adultery has no bearing on anything. Good luck!

1 Answer | Asked in Divorce for Florida on
Q: We've agreed for an uncontested divorce, however she lives in a foreign country. How does she get served the notice?

I understand she can get the notary in the US Embassy and Consulate however since FL requires service from law enforcement how will that work in a foreign country? Or is this requirement waived?

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

You should prepare and have her sign, as part of the divorce paperwork, a Waiver of Service. That would satisfy the service requirement. Good luck.

2 Answers | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Is there a temp order that can be filed for time sharing untik the actual divorce. My wife keeps my child from me and it

Seems as his father I have no rights. When I get him and I keep him either she will keep him and never give him back or I feel I will get into trouble legally

Mr Eric Klein
Mr Eric Klein
answered on Feb 6, 2018

Yes, you should file a Motion for a temporary timesharing order. Don't forget to notice it for a hearing. Simply filing the motion will get you nothing. Good luck.

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1 Answer | Asked in Divorce for Florida on
Q: I was divorced in 2010 in the state of MN. I now live in Florida and have a post divorce issue. What state law do I use

My ex is looking for more money 7 years after our divorce which was in MN. Now I live inFL what state rules should cover me FL or MN?

Mr Eric Klein
Mr Eric Klein
answered on Feb 3, 2018

As you were divorced in MN, MN law will govern the MN court order whether in a Florida or MN court.

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