Get free answers to your legal questions from lawyers in your area.
Hello,I’m desperately looking for in attorney or any kind of advice. My husband just filed for divorce last week during we were in a session with the marriage counselor just because I said that he push me. Now he says that he will get everything the house, the cars and then I’m not getting... View More 
answered on Aug 7, 2023
Florida adheres to equitable distribution of assets, whereby all marital possessions are eligible for property distribution regardless of whose name they bear. The potential for receiving spousal support during divorce hinges on factors such as the duration of the marriage and individual... View More
We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we... View More
answered on Aug 3, 2023
She can go back to court and file a request for alimony and child support. She'll have the burden to prove that there is a need for those kinds of support and that you are capable of providing it. Talk to a lawyer to know how you can be prepared if this happens.
The father is only on the birth certificate, but we were never married and he never established paternity. He has a history of domestic violence, and child abuse, with numerous online and text threats to kill me. I want to know if I can have his rights terminated without involving him somehow for... View More
answered on Jul 4, 2023
Having his name on the birth certificate does not establish his rights as the father.
Daughters name was changed within forst twelve months of her life I was not listed on the birth certificate due to paternity issues. At the least was she supposed to notify me since I was suspected to be the father or no because I wasn’t on the birth certificate?
answered on May 2, 2023
Generally, both parent's signature is required if they are listed in the original birth record. Since you are not in the birth certificate, the mother can pursue name change of the child without your consent.
We executed a parenting plan during divorce proceedings last year. I am the mom and I could request up to 3 drug tests (hair follicle) from the Father - if positive, it suspends his timesharing until he provides two clean tests within the same week. Father has tested positive for cocaine, which... View More
answered on May 2, 2023
If you are seeking sole parental responsibility for your child, you can file a motion to modify your parenting plan with the court. You will need to provide evidence of factors such as alcohol or drug abuse, negligence, or domestic violence against the father in order for the court to consider... View More
I’m doing research for a novel I am working on and need help with a hypothetical scenario. A mother never told the father that she was pregnant, she raised the kid (but was drunk half the time and never had a proper will), but then she dies. The father is a registered foster parent and has two... View More
answered on Apr 5, 2023
You can file a paternity case to get legal custody of the child.
The other parent has failed to follow the court order and is now showing up to my daughter's school to take her on days that aren't his. He has not been able to provide a stable and safe home for her. He is inconsistent and tells my daughter negative things about her family on both sides.... View More
answered on Mar 15, 2023
You can visit the local court to get help finding the applicable form you can use and get guidance on what best actions you can take to protect yourself and your children from your ex. The issues you mentioned are serious. You should act now before ex makes more serious issues that will greatly... View More
This is in the state of FL. Petitioner makes several claims that are false and a few that are exaggerated highly. It is for dating violence when in fact there has been none whatsoever the relationship was toxic certainly but NEITHER party was violent towards the other. I have a hearing soon where I... View More
answered on Mar 8, 2023
To have the TRO dismissed, you will need to present evidence that the allegations made by your ex are untrue or exaggerated. Evidence could include witness statements, photographs, text messages, or any other documentation that can help to prove your case.
You will need to file a motion to... View More
My ex-husband has been recording our conversations and sending them to his friends
Is there a statute of limitations? It's been four years.
answered on Mar 3, 2023
Under Florida recording law, (two-party consent law) secretly recording individuals without their knowledge and consent is illegal. If someone have any audio recordings of you that you did not consent to, they can be criminally prosecuted. This can be a 3rd Degree Felony offense, punishable by up... View More
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?
answered on Feb 14, 2023
In Florida, marital property is typically divided equitably in a divorce. This means that all assets and debts acquired during the marriage, regardless of who owns them, are considered marital property and subject to division.
In the case you've described, the house is considered... View More
answered on Jan 31, 2023
Palimony is a term used to describe financial support given by one person to another after a non-marital supportive relationship has ended.
However, Palimony is not recognized in the state of Florida, which means you cannot sue for palimony in the family courts in Florida. If you have been... View More
The parent had 4 children from 4 different mothers but all except for one was a minor. And the minor child was receiving social security from the dad and also child support from him as well
answered on Jan 20, 2023
If a loved one has passed away due to neglect or abuse in a nursing home, their appointed representative or next of kin may have the right to file a Nursing Home Wrongful Death Lawsuit. If the deceased appointed a representative in their will, that person can take legal action on their behalf.... View More
Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.
answered on Jan 20, 2023
In Florida, property acquired during a marriage is considered marital property, and is subject to equitable distribution during a divorce. This means that the court will divide the property in a fair and reasonable manner, taking into account factors such as the length of the marriage, each... View More
I had to call the police and they took him to a hotel until he was sober. He will not come back home and will not talk with me about anything. All our bills including his own come out of my accounts. He even has one of the cars which my name is on and comes out of my account. He is not sending... View More
answered on Jan 13, 2023
You may file for divorce, where you can ask the court to order your husband to pay certain bills as well as alimony and child support, or you may file a motion for temporary relief, which can include temporary alimony and child support and an order for your husband to pay certain bills while the... View More
My son and me have not lived with his father or in the same state as him since my son was 7 months old, he is currently in prison and due to be released in a matter of weeks. He speaks to him daily, as many times as he would like but i know when he gets released he will threaten to take my son away... View More
answered on Dec 23, 2022
If you believe living with him might be detrimental for you and your son's well being, talk to a lawyer right away to know the best action.
my mother pass away this year and my half-sister from mother site wants to sell the house.
the house belongs to my father and mother both of disease.
can she be entitled to the % that belongs to my father?
answered on Dec 8, 2022
She is entitled to your father's estate if she is named in the will. Otherwise, Florida's intestacy rules will favor biological children or immediate blood relatives. Speak with a local attorney to learn how to protect your rights and come to an agreement with your stepsister on the matter.
My son is severely allergic to cats and dogs. Their father, who has not seen him physically for three years or had communication with him for two years, was granted visitation on 10/25 by a general magistrate even though my ex-husband refused to carry out what was issued in the report and... View More
answered on Nov 14, 2022
It is most practical to you sit with your parents and obtain their permission. You can still be legally emancipated by a court even without their permission as long as you can support yourself. You need to show proof of sufficient income to cover your living expenses and daily necessities.
answered on Nov 14, 2022
If there is clear and convincing evidence that it is in the best interests of the child, the court may reinstate your parental rights. You must present the best case possible and commit to doing everything in your part to restore your rights.
answered on Nov 9, 2022
Sexual predators and offenders are not permitted to live within 1,000 feet of a school, child care facility, park, or playground. If you live outside of the 1,000-foot radius, you should notify the Sheriff's Department. Refer to your local county ordinances regarding restrictions on sex... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
