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answered on Dec 19, 2023
The court will take a detailed look at your financial situation and draw a comparison against your spouse's. This assessment aims to position both parties on an equal footing. If you can't afford a lawyer but your spouse can, the court may level the playing field. They may require your... View More 
My wife blindsided me with divorce a month ago, she left but hasn’t filed. She took the suv she was using but it is financed in my name and registered in my name. We have no assets only debts. She has made no attempts to get a job so she can’t afford the payments. Can I legally take the car... View More
answered on Oct 14, 2024
Consider filing for temporary orders in family court. These orders can provide immediate relief and address the possession of marital assets (like the vehicle) and custody arrangements while the divorce is pending.
answered on Jul 18, 2024
In Florida, the division of assets during a divorce is subject to the principle of "equitable distribution." This means that marital assets and liabilities must be divided fairly, though not necessarily equally. Whether your spouse is entitled to a portion of your 401k depends on whether... View More
answered on Dec 22, 2023
If the current day falls within the timesharing period allocated to your co-parent, you are required to allow your child to spend time with him. Make sure to caution him to adhere to the agreed schedule, ensuring his arrival on the specific days he is expected.
Husband has owned a successful business and did not want wife to work, now that marriage is not working hes telling her to get a job and with holding money from her for basic living needs.
answered on Oct 2, 2023
She can file for divorce and seek temporary spousal support until she can find work and support herself.
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
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