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Questions Answered by Nicole Ferry
2 Answers | Asked in Divorce for Florida on
Q: my Divorce way final in 2010. But her lawyer has not filed the QRDO and I am not able to get my pension. What can I do

It has been 8 years

Nicole Ferry
Nicole Ferry answered on Feb 27, 2018

I would suggest hiring a QDRO specialist. They charge around $500 to do it. It could save you the headache of waiting.

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2 Answers | Asked in Divorce for Florida on
Q: In Florida in alimony court if I worked for 30 years at my parents business making 80k and they decide to close

Would that not be justified lower income? I'm going from 80k to zero as my parents will now be providing for me?

Nicole Ferry
Nicole Ferry answered on Oct 2, 2017

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 impact... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: I live in Florida. Trying to get a simplified divorce. Do we have to appear in court? Before we can get this divorce.

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 »

Nicole Ferry
Nicole Ferry answered on May 10, 2017

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 »

1 Answer | Asked in Divorce for Florida on
Q: If two people are going through a divorce and went to mediation and came to an agreement on everything. Now they have a

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?

Nicole Ferry
Nicole Ferry answered on May 9, 2017

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 »

1 Answer | Asked in Divorce for Florida on
Q: My husband signed the financial affidavit prior to purchasing property. Does he need to disclose this asset?

I filed the petition for divorce. He filled out the financial affidavit, he just closed on a house. Does this need to be disclosed. We do not have lawyers and we are still pending divorce.

Nicole Ferry
Nicole Ferry answered on May 9, 2017

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 »

1 Answer | Asked in Divorce and Animal / Dog Law for Florida on
Q: Wife won't let me see my dog prior to divorce being finalized. Can she do that?

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 »

Nicole Ferry
Nicole Ferry answered on May 9, 2017

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 »

2 Answers | Asked in Divorce and Family Law for Florida on
Q: can I leave the house before filling divorce papers without being accused of abandon, if yes what should I do?

I want to leave the house but I am afraid to be considered abandonment, I just want to leave in another place while the papers are being filled and processed. No kids but with property.

Nicole Ferry
Nicole Ferry answered on May 9, 2017

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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