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

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.

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

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

We need alot more information to answer your question such as....what city and state does the father reside in? What has been the timesharing thus far?

Florida is what is referred to as a no fault state. This means that the reason for the divorce is often not relevant. If you want to leave the home, and you have no children, nothing should be stacked against you. The only issue may be that if you want to gain access to the home later on, you may... View More

I would highly recommend that you contact an attorney to discuss your case in more detail. You may be able to have the final judgement set aside if your due process rights were violated. Make sure to understand that some of your options are time sensitive so you need to act on this immediately.

Stay in contact with the case worker or investigator that was working on your case. If DCF does anything through the court it is done in a Dependency Action and you would not be able to find the information on the clerks website as these cases are confidential. If you wanted to get information on a... View More

You would need to refer to your final judgment or your marital settlement agreement to see if there is language in there that would address this issue. If there is nothing in either of those documents it is up to the two of you to work this out. In my personal opinion, giving his stuff to his... View More

In order to do anything here in Florida regarding custody, you need to have resided in Florida for at least 6 months with your child. Based on your details, it appears that NY currently has jurisdiction until you have met the residency requirements in Florida. Once you have met the residency... View More

If all of you, including the kids, now reside in Florida and you have all lived here for more than 6 months you can ask the court to domesticate your California order to either enforce it or modify it in Florida. If the opposing party still resides in California or the kids still live in... View More

Ideally, when the mother started denying you contact you should have filed a motion for contempt and sought make up timesharing and sanctions for her actions. Being this has gone on for two years the court is going to look at the history of what has gone on for the last two years to determine if... View More

We need alot more information in order to answer your question. I would recommend contacting a local attorney to assist you.

Grand parents have very limited rights in the state of Florida. You may want to take a look at Florida Statute 752.011 for more information regarding your rights. I would also recommend contacting a local attorney in your area to see of you have a possible case. Most attorneys offer free... View More

First and foremost, if your child is less than 6 months old and was born in South Carolina, and you are still located in South Carolina, then South Carolina would have jurisdiction over your case, not Florida. You may want to readdress your search to get information from a South Carolina Attorney.... View More

I would recommend you take a look at Florida Statute 61.13 which contains the factors the court considers when determining timesharing. It is rare for a court to order someone to have sole custody or sole parental responsibility unless the facts of the case warrant it. Usually in order to obtain... View More

In the over 14 years that I have been practicing family law I have seen many cases involving domestic violence. Generally, the Court rarely orders supervised timesharing even in cases involving domestic violence. When determining timesharing when domestic violence is involved, the court will... View More

I would recommend contacting an attorney to represent you if you have the ability to retain one. If not you cannot reach out to the judge directly. If you want to request something of the court you must do so by filing a motion and having it set for hearing.

If the loan was taken out by your former husband in his sole name after your divorce was finalized, you do not have any legal obligation to contribute to that loan.

To add to counsels response below, if the QDRO has already been signed by a judge you can have a certified copy of the QDRO served on the provider of the retirement account and that should be all you need. If you do not have a signed QDRO from the court you would need to file a motion with the... View More