Any property bought during the marriage with marital funds (i.e., your salary or savings) is a marital asset. You are entitled to his house equity and vice versa. Florida does not have legal separation; hence the marriage is defined in length by the date of marriage until the date of filing the...Read more »
If you are paying alimony a court will look at whether a substantial change has occurred. The change must be permanent and involuntary. I would say yes, that could be basis to reduce your alimony payment. The court will look however to your former spouse's needs and how the reduction will...Read more »
Married less than a year. Getting a simplified divorce? No property, no kids. In Florida, its stated we have to appear in court before we get a divorce, but my husband got an attorney for himself. Will I be served by the attorney and just sign the papers, or do we still have to go to court as they... Read more »
If it is a simplified divorce, you are required to attend a final hearing. It may now that your spouse has an attorney become what we call an uncontested divorce. If during that process you both agree, (assuming your county has an uncontested packet), neither of you will not have to appear. I would...Read more »
court date coming up to finalize and one party is using stuff he wants by threatening not to go. Since everything was agreed to in mediation will the divorce go through if one party does not show in court?
If your agreement was in writing, you can still go to the final hearing. It honestly will depend on the Judge if he/she will finalize the divorce without your ex attending the hearing. The general practice would be for the Judge to adopt the agreement if you can testify that he entered the...Read more »
Whenever there is a change to your financial situation during a divorce, both parties are required to amend their financial affidavit and add it. When they add it, they are also required to attach proof of the change. Keep in mind that the new property is not necessarily classified as marital,...Read more »
My soon to be ex and I live in different households. She lives in the marital home of which I own half. I have rented an apartment on my own. She is refusing to let me see my dog? Do I need to even ask her permission? She isn't letting me in the house either. What would happen if I called the... Read more »
If you have not filed the divorce, you are entitled to use of the former marital residence. You can break down the door, the window, or have locks changed to gain entry. Even if you have filed divorce, if there is no order on the house, you are entitled to use of the home. The dog, if bought during...Read more »
The other attorney is correct that you can leave the home. If there are expenses related to the home, you may need to think ahead to see if the remaining spouse can afford them. You do not want to ruin your credit. If you have children with the remaining spouse, you should consider paying her/him...Read more »
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