...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... View More 
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... View More
I find myself in a situation with my husband who becomes unstable whenever he consumes excessive amounts of alcohol. This has not been the first instance. As the behavior escalates, it becomes more unbearable. In addition to verbally abusing me, he also harassed my family online. Our marriage has... View More
answered on Mar 14, 2022
In order to do something regarding the debts you would need to file for divorce. When you file for divorce, generally all assets and debts acquired during the marriage are considered marital and will usually be divided equally between you and your husband. As for the abuse, if it rises to a level... View More
He’s bullying 93 yr old in home causing my 5yr old grandson I’ve adopted to break down. He’s refusing to do schoolwork stealing taking off etc. I’ve called many agencies only to get one offering referral for counseling. This child needs a one on one situation that I can’t provide. I’m... View More
answered on Mar 14, 2022
You would need to file a motion to terminate the guardianship. I would highly recommend that you contact an attorney to assist you if this is what you want to do. If you can, it would be best if you could find someone else to take over the guardianship of the child and that way you can file a... View More
I have pictures of the bruises on my face of that day. I did not call the police, and I did not want to charge her. But she is telling the police I hit her when I merely grabbed her hand to stop hitting me. I later found out she withdrawn money from my account. All of this happened when I told her... View More
answered on Mar 13, 2022
You did not mention what the hearing was about so I cannot give you insight on that. I do recommend that you file for divorce as soon as possible.
Mother of child refusing to move out of house because she cannot afford rent where father pays for all of child’s needs and the mother threatens to take child away. Is the father actually responsible for paying her rent or can he kick her out without being responsible for paying for her rent?
answered on Mar 13, 2022
To completely answer your question we would need to know if she is on the lease. If she is on the lease she has a right to be in the home just as you do. In fact, even if she is not on the lease she still has a right to be there. Usually you would need to undergo having her evicted whether or not... View More
I received a ticket for speeding. The officer said that he would cut me a break for 5 over and 0 points. I noticed that my vehicle make was spelled incorrectly, it does not mention what model car, and color described was incorrect. The speed I was traveling was also not listed on the ticket, all it... View More
answered on Mar 13, 2022
You may want to the ticket. If the officer does not show up or cant remember what speed you were going the ticket could be dismissed. Even if the ticket cannot be dismissed, usually the ticket can be resolved at the hearing with a good attorney. I would recommend contacting an attorney in your... View More
I worked for the job 3/20 to 3/21. I have consulted other law services and been told that I should be a creditor if I have received such paperwork. They directed me to this site for more help. I've submitted a request for a list of creditors so that I can be sure I have a right to file a... View More
answered on Mar 13, 2022
If you are owed money by the company for wages etc your are a creditor. You should gather any evidence you have of the money that you are owed and file a proof of claim and attach the evidence to the proof of claim. If you need help you can retain an attorney, but make sure you monitor the court... View More
We went to court twice. My lawyer called my x into the hall to talk before he even acknowledged me both times. Permanent DVI hearing, my lawyer has nothing of mine to present to the judge. No pics of all the bruises, no police rpts, nothing. My Permanent DVI was denied. CPS requested emergency... View More
answered on Mar 13, 2022
The Florida Bar has an ethics hotline that you can contact anonymously and ask if there was a conflict of interest. Just google Florida Bar Ethics Hotline and you should be able to find it.
My husband obtained two loans under my name in order to pay off his mounting credit card debts. He has my consent during the course because I have a good credit. But eaxh time we argue, he’s using that as a He has threat repeatedly that he will not pay off the cards/loans in order to be malicious... View More
answered on Mar 14, 2022
In order to do something about it you would need to file for a divorce. Once the divorce is filed the court will generally consider all the debts and assets acquired during the marriage as marital and will they be equally divided between the both of you. It does not matter who's name the debts... View More
My mom left Puerto Rico when I was three months old. I’ve lived in the United States my whole life. My mom passed away when I was 17. I live in Florida by the way. My grandparents signed me over to my aunt. I tried to leave the house now that I am 18 but my aunt said that she has legal custody... View More
answered on Mar 14, 2022
The age of majority in Florida is 18 making you an adult in the eyes of the law. Therefore you are free to go if you want to leave.
My ex wife has not seen our child since May of last year. In August of last year I was awarded full decision making and 100% timeshare. I am remarried and my wife and child have a great relationship. Would my ex be able to take my child should something happen since her rights have not been... View More
answered on Mar 14, 2022
If your former wife's rights were not terminated she would gain custody of your child in the event you pass away. The only thing that could be done at the time of your passing is that your current wife or another family member could file for temporary custody, guardianship, or adoption... View More
answered on Mar 11, 2022
Get a payment history from both and compare the two. If there is a discrepancy, which there appears to be, you can file a motion to determine arrears with the court and have a hearing on it to straiten it out. We do these all the time so if you need an attorney reach out to our office.
My nephew is 17 years old and my mother was his legal guardian, she passed away last year. My husband and I have actually been taking care of him since 2018, but we just never had the guardianship transferred to us. Now we are unable to take him to the doctor or anything because we are not his... View More
answered on Mar 11, 2022
You would need to retain an attorney and file a petition for guardianship over the child. Its actually a statutory requirement for you to have an attorney when seeking a guardianship.
paying the mortgage. It has been 10 years now, the home has been paid off years ago. He's not ready to sell, but I am ready for him to buy me out of my 40%. We did not have a time line in our agreement.
Do I have any legal rights to have him pay me my 40% at this time?
answered on Mar 8, 2022
You would need to look at the language in the agreement to see if there is a way it can be enforced. Note that equitable distribution cannot be enforced through contempt. I would recommend contacting an attorney to assist you.
My Husband has moved his girlfriend and 2 kids in with him, and has put me on the streets homeless . He is supporting her and the 2 kids while I am left without a home or any means of providing for myself. Adultery is a crime in Florida why is this law not being enforced ?
answered on Mar 5, 2022
It is a crime that prosecutors choose not to prosecute. Bit you do have a way to get help and that is to file your divorce. When you file the divorce you can address property division, child custody, child support, and alimony which should all help in this situation. I would recommend contacting an... View More
How to get divorce from abusing , controlling husband and stay in my own house with my children .
answered on Mar 5, 2022
If you are a victim of domestic violence you can seek an injunction for protection against domestic violence. In order to file the case, you would first get your evidence together (photos of injuries, videos of fights, etc) and then go to the clerks office in the county where you reside. There the... View More
answered on Mar 3, 2022
Yes we can handle that. He can still get divorced while he is incarcerated. If he is going to be incarcerated it can lead to the divorce taking a little longer just due to logistics and coordinating hearings, but the divorce can move forward. If they are wanting to do an uncontested divorce the... View More
My husband and I bought a house together a few years ago. I have my 2 kids from my first marriage, they live with me full time. He has his kid from his 2nd marriage which is here part time. He keeps telling me to leave because I dont like how he treats my kids. Yet he wont divorce me. If we get a... View More
answered on Feb 25, 2022
If you cannot agree on what to do with the home the Court would order the home to be sold and the proceeds equitably divided between you and your husband.
I have a question about whether my marriage is legal if I did not submit my marriage license? Me and my then partner got married in 2019 but we did not submit the license. And we are no longer together. I would like to know if that marriage is legalized and whether or not it could affect me if I... View More
answered on Feb 18, 2022
You need to look at Florida Statute 741 as well as case law on the subject, but generally, if a license was obtained, and the marriage was solemnized, the fact the the license was not filed with the clerk may not negate the marriage. In certain circumstances the court may look to deem the marriage... View More
of a judge if I don't agree to it. He and I are near the end of our divorce process with just this one last item to negotiate. We have a mortgage is in his name only and the deed in both of our names. We agreed to sell the home until just before our separation, then split the equity. Now he... View More
answered on Feb 17, 2022
The Court will either sell the home or may consider the refinance. You would need to have an expert such as a very experienced realtor to come in and testify as to how they came up with the numbers and why their numbers are more accurate. The court will also need to consider the cost of the... View More
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