The divorces in Florida The wife is being difficult and not letting me back into the house and I wanna know if I have any legal standing to just go to the house and make my way into the house somehow to get my equipment out of the house and if I do that and would I get in any trouble pork arrested
If a divorce has not yet been filed, and no orders of exclusive use and possession have been issued, you have right to go back to your house so long as you are on the lease or are on title to the property. This sort of issue is common at the beginning stages of most divorces and you must be careful...Read more »
As stated in the prior response, you have 20 calendar days to respond to the petition once you have been properly served. We also recommend that you file a counter petition along with your answer assuming there are not personal or subject matter jurisdiction issues (same goes for filing the...Read more »
There are two types of agreements that may pertain to your situation. If you do not intend to file for divorce, but are planning just in case of divorce in the future, you can enter into a post nuptial agreement to address certain issues. Post nuptial agreements are similar to prenuptial agreements...Read more »
I cannot give any insight on what benefits will be available while married or after divorce, but if you are both in agreement to get divorced you can file an uncontested or simplified divorce. You should speak with a professional specializing in social security benefits to assist you before making...Read more »
If your husband passed way the case needs to be closed as the divorce is no longer possible. You should obtain a certified copy of his death certificate and file it with the court and request for the case to be closed/dismissed.
Florida law does not require parties to complete marriage counseling. Florida is also a no fault state, so unless your husband used a significant amount of marital funds in furtherance of his affairs, the fact that he was unfaithful during the marriage is not relevant.
If your home was purchased during the marriage, and both you and your husband appear on the title, the home appears to be a marital assets and will be equitably divided by the court. If you used nonmarital funds to make a down payment on the home you could have an argument to seek an offset. The...Read more »
You moving out of your home does not affect your marital interest in the home. It could however affect your access to the home given that you have chosen to leave and live separately. We would recommend that you speak with an experienced family law attorney to assist you.
My ex is a realtor so he can expense everything and reduce his income to almost nothing to avoid paying child support. Any laws to prevent this? What business expenses are allowable? Is gross income not used to calculate child support in this case?
You may want to consider hiring an accountant to go through his personal and business financials to determine what expenses are personal or inflated. The short answer is that any expenses that are personal in nature you should have a good argument to have them included in his income for purposes of...Read more »
Unless the final judgment states that the alimony is non modifiable, if you are found to be in a supportive relationship it could affect your permanent alimony. To be clearer, if your boyfriend is contributing towards your living expenses (groceries, gas, car payment, rent, mortgage) or you are...Read more »
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 »
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.
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.
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 »
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.
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 »
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 »
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.
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 »
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 »
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