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Questions Answered by Michael Ferrin
2 Answers | Asked in Divorce for Florida on
Q: Does FLorida have common law marriages

I want to leave my boyfriend and want to take the property that was mine with me.

Michael Ferrin
Michael Ferrin
answered on Sep 22, 2022

Florida does not recognize common law marriage

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1 Answer | Asked in Divorce for Florida on
Q: Separated under duress’ A year later - files for divorce in nyc. I moved to Florida. I have no money , I need help -

There is undisclosed $$ accounts and rental property income .

Michael Ferrin
Michael Ferrin
answered on Sep 16, 2022

If you and your husband lived in NYC when you were married it may be appropriate for him to file the case in NYC but more information is needed in order to provide you an appropriate response. Given that he has filed a case in NYC it would be prudent to contact an attorney in NYC to assist you with... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: My husband and I bought a house in October 2021. He used $ from his 401k; Does that mean the house is his?

We moved from IL. I worked at a school, received unemployment which paid off all credit cards, his car, moving box, loan, his air b&b (he moved down in August/family in Nov) I am now contemplating divorce. Been married 7 years.

Michael Ferrin
Michael Ferrin
answered on Sep 7, 2022

The general rule is that everything that you acquire during the marriage, both debts and assets, are considered marital. The home, being it was purchased during the marriage would most likely be marital but we would have to do a complete assessment of your case to say for sure.

1 Answer | Asked in Divorce for Florida on
Q: My husband recently abandoned me and our daughter and took our son 1200 miles away and left us with nothing.

How do I apply for spousal maintenance until I am able to afford the bills he left me with him bring sole provider in our household

Michael Ferrin
Michael Ferrin
answered on Sep 5, 2022

You can either file for divorce (recommended) or file a petition for support unconnected with divorce. The divorce would handle all the issues pertaining to your marriage including the custody of the children, division of assets and debts, as well as both alimony and child support. The petition for... Read more »

1 Answer | Asked in Divorce for Florida on
Q: My husband has the land we have in only his name. I’m I going to be able to get half of since purchasing it last year

He is a co-owner of the property that we bought.

Michael Ferrin
Michael Ferrin
answered on Sep 5, 2022

We would recommend you meet with an attorney as more information is needed to answer your question. Generally speaking, any assets or debts acquired during the marriage are considered marital regardless of whether the title is held jointly or individually. But there are certain exceptions.

1 Answer | Asked in Divorce and Child Support for Florida on
Q: I want to know what my husband after 16 years supporting me & would not allow me to work can & can't do

I would like to know what my husband can & can't do after 16 years of marriage and not allowing me to work & has supported me and my way of living for the past 16 years.

1.An attorney said he could open a new bank account with no obligations to maintain money to me is that... Read more »

Michael Ferrin
Michael Ferrin
answered on Aug 23, 2022

While you are married, generally, each of you are free to do what you want. It is only when a divorce is filed that you can receive the protections that I believe you are seeking. Alimony is based on several factors but the focus is based on two main factors which are need and ability (your need to... Read more »

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Divorce my spouse moved out of state with kids without my consent

My wife moved to Maryland with our two kids without my consent and knowledge. I still provide her with financial support for the sake of the kids. She left Florida on July 11, 2022 (38 Days ago as of August 18, 2022). I would like to file for divorce first and deal with custody issue later. We do... Read more »

Michael Ferrin
Michael Ferrin
answered on Aug 18, 2022

We would need more information to answer this question. For example, how long has she been out of state as this will have an effect on jurisdiction. It may be best to contact an attorney to discuss your case before proceeding.

3 Answers | Asked in Divorce for Florida on
Q: Do we need to live separately before filing for divorce in Florida
Michael Ferrin
Michael Ferrin
answered on Aug 14, 2022

No. Florida does not require a separation period before filing for divorce.

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2 Answers | Asked in Divorce for Florida on
Q: How much does a divorce cost, including division of a home that is paid for? Does any lawyers accept payment plans?
Michael Ferrin
Michael Ferrin
answered on Aug 14, 2022

The cheapest route is if you and your spouse are in agreement with all the terms and can file an uncontested divorce. If you cannot come to an agreement on all the terms a contested divorce will need to be filed which is alot longer and more expensive. As for the cost, you would need to reach out... Read more »

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: I'm looking for an affordable lawyer. My ex and I have split and I need a divorce. Custody will most likely be an issue.

We have 3 children ( 11, 9 & 4), and he has a daughter (17y) from a previous marriage. There has been a history of verbal abuse and allegations of him propositioning the 17 year old daughter. It was investigated by dcf and no charges filed, but I do have a video recording of him admitting to... Read more »

Michael Ferrin
Michael Ferrin
answered on Jul 23, 2022

Contact our office to discuss our payment options.

2 Answers | Asked in Divorce for Florida on
Q: How do I get a divorce when I live in Florida, and my spouse is incarcerated in an Oklahoma prison.

All 3 of our children are 18 and older. We have no property or any type of assets that need to be split. I have not had any contact with this man in 6-7 years and I just don't want to have anything else more to do with him. He has also cheated on me during our marriage and supposedly had 2... Read more »

Michael Ferrin
Michael Ferrin
answered on Jun 21, 2022

So long has you have been residing in Florida for 6 months or more you can move forward with filing for the divorce in Florida. You would need to have a process server or the sheriffs department in Oklahoma serve your husband in prison. Note that because your husband has been out of the state of... Read more »

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2 Answers | Asked in Divorce, Civil Litigation and Libel & Slander for Florida on
Q: I am going through a nasty divorce and my soon to be ex wife has been threatening to share intimate information

She is sharing info about my sexual secrets to ruin my image and career

Michael Ferrin
Michael Ferrin
answered on Jun 12, 2022

If your divorce is already pending we would recommend filing an emergency motion to enjoin her from disclosing the information to third parties.

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2 Answers | Asked in Divorce and Child Custody for Florida on
Q: Rand Scott Lieber the answer to your question

He has primary custody per our divorce papers as the judge said we got a divorce in 2018 and that’s what it was decided then but Now ge wants full custody because he wants to take kids to another state. Yesterday he told me I was not allowed to pick them up because his lawyer advices him not too... Read more »

Michael Ferrin
Michael Ferrin
answered on Jun 8, 2022

Until there is a court order stating otherwise, the parenting plan ordered by the court would still be in effect. If you are being denied timesharing you should file a motion for contempt and enforcement. As a remedy for the contempt you can seek make up timesharing and your attorney fees for... Read more »

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Im currently in a custody battle with my ex spouse he has primary custody of my 2 kids. Nothing has been granted yet by

The battle we have now is he wanting full custody instead of split because he wants to take the kids away from our divorce papers when we got a divorce are set to me having visitation rights every other weekend by court. my sons birthday is coming up and I got in contact with my kids father he told... Read more »

Michael Ferrin
Michael Ferrin
answered on Jun 8, 2022

The parenting plan adopted by the court in your divorce is a court order and should be followed unless and until the court enters an order stating otherwise. The opposing party does not have the power to deny you contact with your kids. If you are being denied contact you should look into filing a... Read more »

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can I get lawyer support per hour without a large down payment in Brower Florida?

I started my divorce and was asked a down payment of 5000 usd, the money dissapeare very quickly and now I am on my own with imited resorces to continue. I was wonderig if I could have only one or two hour meetings for legal advice and then I do all the procedures and paper work but just to... Read more »

Michael Ferrin
Michael Ferrin
answered on May 3, 2022

Good morning.

You may find an attorney out there can may be able to assist you, but we do not take on issue piece meal like that. We would need to be retained for the case.

1 Answer | Asked in Divorce for Florida on
Q: Can husband get equity gained during marriage on a home purchased prior to marriage ?
Michael Ferrin
Michael Ferrin
answered on Apr 27, 2022

Yes, you husband could have a marital interest in a home purchased prior to the marriage. How much depends on whether marital funds were used to make the mortgage payments, whether there were any improvements made on the home during the marriage which caused appreciation, and whether the value of... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi, I had an attorney for my divorce for over a year so we've made quite a bit of progress. Here's where we are:

The Parental Plan and Marital Settlement were drafted and sent to my spouse's attorney, then we attended our mediation in Feb., 2022.

During this mediation, there were several changes made to the 2 documents, but we ran out of time and didn't get them signed. The main point of... Read more »

Michael Ferrin
Michael Ferrin
answered on Apr 26, 2022

First you must make sure that at least one of you have plead for partition which is what allows the court to sell the home at auction if you and your husband cannot agree on what to do with the home. Second, you need to have the home appraised by a reputable appraiser that has experience testifying... Read more »

2 Answers | Asked in Divorce for Florida on
Q: If I file for divorce in Florida, will that be made public the date that I filed

Will I be able to view it online

Michael Ferrin
Michael Ferrin
answered on Apr 20, 2022

In most counties, as soon as you file the case anyone can access the docket online which shows only the title of what was filed and not the actual document. But, there are some counties where you can access the records online almost immediately after they are filed. In addition, most courthouses... Read more »

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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: My soon to be husband is trying to take full custody of the the kids I had told him I was gonna hurt myself out of spit

I will never do something like that to hurt my boys they are my world I had said it to hurt him he tried to have me backer acted but since I’m not suicidal they let me go in less than 20 hours he is putting the boys through too much and I can’t have him put them through more he had a 10 year... Read more »

Michael Ferrin
Michael Ferrin
answered on Apr 3, 2022

Being you made those comments, your mental health will most likely be called into question. Any issues raised by your husband can be dispelled with a mental health evaluation if needed. Understand also that if you do not have a history of mental health issues, when people are breaking up sometimes... Read more »

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi, I'd like to confirm something before taking further action: If my spouse and I are in front of a judge because we

...can't agree on the value of our jointly-owned home (the goal is to calculate the current equity, split that in half and he'll buy me out and stay in the home), will a judge lean more toward a Realtor analysis value or an Appraiser value? Also, in what instances would a judge require a... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 25, 2022

Normally, if there is a marital home that is titled jointly, the court would need one of you to plead for what is called partition. This allows the court, in the event the parties cannot agree to list the home for sale, to sell the home at auction. It normally does not get that far because most... Read more »

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