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
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
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
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
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...View More
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...View 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...View 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...View 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...View 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...View 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...View 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...View 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...View 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...View More
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...View More
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...View More
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... View More
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...View More
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... View More
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...View More
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