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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Divorced in Florida in 2008. In the division of assets list for a 401k never transferred

In the division of assets, a 401k from a former job of mine (company X) is written up as: ex wife has a Company X retirement account titled in her sole and separate name and that this account shall remain hers free from claims by husband. The decree also states that any retirement accounts not... View More

Michael Ferrin
Michael Ferrin
answered on May 18, 2024

Given there is contradicting language in the agreement, in the event litigation arises from these issues, the court may allow you to present evidence to support each of your intent when the agreement was executed. This can be emails, text messages, testimony, etc. Just as Mr. Lieber stated in his... View More

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: If I have shared parental responsibility with father in another state can he take her out of state without my permission
Michael Ferrin
Michael Ferrin
answered on May 18, 2024

You need to take a look at your parenting plan as it should address travel. Usually if a parent wishes to travel with their children during their timesharing they would need to notify the other parent of the dates for travel, the location they are going, tavel information such as flight info etc,... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I file a motion for temporary support, time-share, and other relief with dependent or minor children?

Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More

Michael Ferrin
Michael Ferrin
answered on Feb 5, 2024

Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: if my wife committed infidelity at work with her manager can I sue the company?

So my wife and I have been together 7 years. We have been great and she started this job at a hotel last year this is her first job. Over the last month I have found out about her having relations with her manager and also possibly another coworker. I would like to know if there is anyway I can go... View More

Michael Ferrin
Michael Ferrin
answered on Oct 25, 2023

I am a family attorney so I cannot give you advice on your rights to sue her employer. I can say that many companies frown upon this sort of behavior and if they are made aware of it, it could lead to both your wife and the coworkers to be terminated. Not sure if you want to do that, as when you... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I have a 20 year old divorce decree that states i will be responsible for 1/2 payment of my childrens' student loans.

Loans are all in exwife name and over the years have been paid off and on- going into deferrment a few times.i have remarried and moved to Florida and am 73 years old. The original loans were for $53000 and now with interest is way over $150000.My ex has now sued me in a Pennsylvania court for 1/2... View More

Michael Ferrin
Michael Ferrin
answered on May 11, 2023

Being your case is from Pennsylvania and there was recent litigation that took place there, you would need to contact an attorney in Pennsylvania to address those issues. As for the order being enforceable in Florida, the opposing party would need to domesticate the order in Florida for it to be... View More

1 Answer | Asked in Divorce for Florida on
Q: The address listed under an LLC received divorce papers sent by my wife.

My wife sent me divorce papers ( Notice of Case Management Conference) to the address listed under an LLC in Florida ( I am one of the people on the LLC,) however the address that is listed under my name is the registered agent address for the business. I did not personally sign for the documents,... View More

Michael Ferrin
Michael Ferrin
answered on Feb 22, 2023

Service of process is only required for the initial petition. After that, documents can be sent either through the court's eportal (via email) or they can be sent via regular mail wherever you may be. What is important is that you received the documents. If there ever was an issue where you... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: If you are doing an uncontested divorce. You’ve been married 18 years. Your spouse owns the house, but you’ve both been

Making the payments. He wants to keep the house. Do I have any rights to compensation for helping pay the mortgage the past 18 years?

Michael Ferrin
Michael Ferrin
answered on Feb 22, 2023

Generally, assets and debts acquired during the marriage are considered marital regardless of whether just one spouse is on title. Therefore if the home was purchased during the marriage you would most likely have an interest in it.

If the home was purchased before the marriage it would...
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1 Answer | Asked in Divorce for Florida on
Q: I am going through a divorce and And left the house 6 months ago and the wife is being difficult not letting me in the

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

Michael Ferrin
Michael Ferrin
answered on Dec 12, 2022

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... View More

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Q: My wife filled divorce we got 3 kids
Michael Ferrin
Michael Ferrin
answered on Dec 9, 2022

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... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Is it possible make a write agreement with my ex husband before get divorce . ,

We have a restaurant business together

Michael Ferrin
Michael Ferrin
answered on Dec 1, 2022

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... View More

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2 Answers | Asked in Divorce and Estate Planning for Florida on
Q: My wife and I are both disabled I am on sddi she is on ssi we are considering divorce so she can draw a higher amount

We can't make it on our current income with food and gas prices rising we have no children or property

Michael Ferrin
Michael Ferrin
answered on Nov 26, 2022

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... View More

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3 Answers | Asked in Divorce and Family Law for Florida on
Q: Spouse filed and served a petition for Annulment of marriage. I have received papers. He has passed before my response.

What do I do? Do I still have to respond, and file with the court house? There is no more marriage to annul, though it is a summons.

Michael Ferrin
Michael Ferrin
answered on Nov 13, 2022

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.

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3 Answers | Asked in Divorce for Florida on
Q: evidence husband has cheated the entire marriage, do you have to do marriage counseling during the divorce process?
Michael Ferrin
Michael Ferrin
answered on Nov 9, 2022

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.

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2 Answers | Asked in Divorce for Florida on
Q: How can I get my house in the divorce if I paid the downpayment but the mortgage is in both names?
Michael Ferrin
Michael Ferrin
answered on Nov 9, 2022

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... View More

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1 Answer | Asked in Divorce for Florida on
Q: My spouse and I agreed on a separation. If I move out but continue to assist financially 50/50 as normal with mortgage

Assist financially with kids schooling and activities can she say I abandoned her and in turn I lose any rights to our house

Michael Ferrin
Michael Ferrin
answered on Nov 6, 2022

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.

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Any laws prohibiting what can be expensed/excluded from selfempincome in Fl in regards to income calc. for child support

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?

Michael Ferrin
Michael Ferrin
answered on Nov 3, 2022

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... View More

1 Answer | Asked in Divorce for Florida on
Q: Will I lose my permanent alimony if I move in w/my boyfriend? I am 2 yrs post divorce of 29 years.

Will I lose it if I move out of state also with my boyfriend?

Michael Ferrin
Michael Ferrin
answered on Oct 31, 2022

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... View More

1 Answer | Asked in Divorce for Florida on
Q: Can I move out off my home until tells o I am divorced and not get in any trouble and not loose my half of me aets

My husband is calling me names and trying to make me miserable while we are living together being very mean saying he should of bashed my head in and calling me bad names he says he is going to make me miserable until I leave:he thinks if I leave he is going to get me for abandoned the home so... View More

Michael Ferrin
Michael Ferrin
answered on Jun 18, 2024

You can leave the home without affecting any marital rights you may have in the home other than possession and access. Once you leave the home and the divorce is filed, you will not be able to return to the home unless you have a court order or an agreement between you and your husband. Also, if... View More

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Florida on
Q: How likely is it my kids would be taken if the abuse in the home was reported?

I live in an abusive home. I moved in with my grandparents in 2018 at the push of my grandmother. My grandmother adopted my sister for the money she gets, she tells she is going to leave her with me because she didn't sign up for the responsibility only the money. She calls her names, is... View More

Michael Ferrin
Michael Ferrin
answered on May 18, 2024

It sounds like you need to try and move out of the home and get away from the toxic environment. If you believe that a child is being abused, abandoned, or neglected, you should contact the department of children and families.

2 Answers | Asked in Divorce for Florida on
Q: Me and my wife have been married for 13 years. She got a big settlement about 18 months ago. With her settlement

She bought 2 homes and a new car all in her name. The past few months she’s been asking for a divorce since then she’s put both homes and her car in her kids name. We don’t have any children together. What legal recourse do I have?

Michael Ferrin
Michael Ferrin
answered on May 18, 2024

It would depend on how the settlement was structured. For example, if the settlement was for future lost wages the you may not be entitled to any of it. You should speak to a local family law attorney to help you.

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