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Questions Answered by Nicole Vette
1 Answer | Asked in Divorce for Florida on
Q: I discovered my wife has been unfaithful now she wants a post-nuptial. Should I sign.?
Nicole Vette
Nicole Vette answered on Sep 22, 2021

It really depends on what it says.

2 Answers | Asked in Family Law for Florida on
Q: If me and my husband are only seperated, can i stop him from seeing our child because he is not vaccinated?

I fear for my 14 month old baby's life, my seperated husband refuses the covid vaccine and if he gets covid, he's putting my baby's life at risk. Can i stop him from seeing my baby unless he gets the vaccine?

Nicole Vette
Nicole Vette answered on Aug 26, 2021

If you disagree on time-sharing you need to file for divorce and ask for the court to order a parenting plan inclusive of a time-sharing schedule. I have never seen the court limit a parent's contact over not having the vaccine and do not think that is a likely outcome absent an extraordinary... Read more »

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2 Answers | Asked in Child Custody and Divorce for Florida on
Q: Good Morning, Looking for advice on divorce that includes spousal abandonment. What rights do I have?

Spouse abandoned the home in November 2020 and hasn't helped financially.

Nicole Vette
Nicole Vette answered on Aug 24, 2021

Florida is a no fault state so there are no longer required grounds to get a divorce. I recommend filing for divorce and seeking child support (if applicable) and alimony (if applicable).

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3 Answers | Asked in Divorce for Florida on
Q: My wife walked out on me 3 months ago and left me with our daughters - please help

We immigrated to USA from South Africa in March 2020. My wife of 22 years got a new job and she has left me (having an affair with her new boss) and our twin daughters aged 16. She does not pay child support, she only drops of a few bags of groceries every month, estimate about $140 worth total... Read more »

Nicole Vette
Nicole Vette answered on Aug 23, 2021

You should file for divorce and then file a motion for a temporary child support order.

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1 Answer | Asked in Divorce, Civil Litigation, Domestic Violence and Legal Malpractice for Florida on
Q: Conflict of interest

Partners

Nicole Vette
Nicole Vette answered on Aug 21, 2021

If you no longer trust or have faith in your attorney it sounds like you should consider hiring new counsel.

3 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My divorce papers state to return the children 7 days prior to the start of school. How is this calculated?

If I have to return the children to the other parent seven days prior to school recommencing on 2nd September at 8am, would this be on 26th August or specifically before 8am on the 26th? My understand is that it refers to a date rather than a time. This is written in a FL divorce agreement if this... Read more »

Nicole Vette
Nicole Vette answered on Aug 20, 2021

From what I can tell it is days and not a specific time.

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2 Answers | Asked in Child Support and Divorce for Florida on
Q: Can I prove to court I’ve been paying my ex directly for child support so I won’t have to make retroactive payment?

I calculated monthly support payments online with Florida child support calculator and would like to pay her that amount until the court case is final.

Nicole Vette
Nicole Vette answered on Aug 20, 2021

Yes, but no cash as there is no paper trail and clearly put child support in memo line.

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2 Answers | Asked in Divorce for Florida on
Q: Will a judge do a QDRO in an uncontested divorce without lawyers if we will hire an attorney after to handle QDRO?

We are in Florida and agree on division of assets including 401k

Nicole Vette
Nicole Vette answered on Aug 19, 2021

Yes

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1 Answer | Asked in Family Law for Florida on
Q: If I had a baby not being married, the father is not on birth certificate, do I have to let him see baby?

The father has not helped financially at all, he’s even questioned DNA, he has two other children from previous relationship and has nothing to do with them. I recently found out he now has another woman pregnant and also he’s on drugs and have proof.

Nicole Vette
Nicole Vette answered on Aug 16, 2021

No, if a child is born outside of marriage then the mother has the rights until the father's paternity is adjudicated. There is no requirement to allow contact. Keep in mind that if you later end up in court, your actions in not allowing contact will be reviewed by the court. If you fear drug... Read more »

3 Answers | Asked in Divorce for Florida on
Q: How do I get a divorce if my Spouse will not agree to it? No Property or children. Haven't been together in 4 years.
Nicole Vette
Nicole Vette answered on Aug 12, 2021

Your spouse does not need to agree. You just file for divorce and indicate that the marriage is irretrievably broken.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My last question really wasn't answered. Is it standard to have a parenting plan cover 6 mo in advance or a year?

Trying to figure out how long a parenting plan is usually scheduled for. A year, 6 months or maybe even less?

Nicole Vette
Nicole Vette answered on Aug 11, 2021

It covers until the child is an adult. It is not limited to short time frames.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: How far in advance can you set a parenting plan? What is typical? I would not mind doing the whole year but ex doesnt

My ex's job has her traveling quire a bit and she constantly wants to change our week to week schedule. She would like to do a parenting plan only a month or two in advance however I would be fine with a year, excluding summers. It is a constant source of conflict.

Nicole Vette
Nicole Vette answered on Aug 11, 2021

Typically a parenting plan is done based on the current best interests of the child. If it needs to be modified in the future then the person seeking modification files with the court to do so and holds the burden of proving that it should be modified. It is not common for a parenting plan to... Read more »

2 Answers | Asked in Child Support and Family Law for Florida on
Q: In florida I pay child support served papers for name change for daughter. Am I still responsible to pay child support
Nicole Vette
Nicole Vette answered on Aug 11, 2021

Yes, you still need to pay child support until the order is changed or until your child emancipates. The name change, even if granted, has no bearing on your support obligation.

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2 Answers | Asked in Divorce for Florida on
Q: My wife and I have been separated for 6 years. Not divorced just separated. She has a whole new family and I am raising

Our three kids. I have recently gotten an inheritance from an aunt that passed away. If we divorce is she entitled to any of this money?

Nicole Vette
Nicole Vette answered on May 17, 2021

No, but make sure to keep the inheritance in a separate account without any other funds.

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2 Answers | Asked in Child Support and Family Law for Florida on
Q: I have a case for three children from 2009 until the last child’s 18th birthday. My oldest two will then be 25 and 23.

The case did not contain any orders for if/when the children emancipated.

Nicole Vette
Nicole Vette answered on May 6, 2021

Typically children emancipate when they turn 18 unless they are still in high school participating in good faith, in which case they emancipate upon graduation or age 19 whichever is earlier. Other ways a child can emancipate are marriage or entry into military.

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5 Answers | Asked in Child Support, Divorce and Immigration Law for Florida on
Q: I have a green card through marriage, is conditional and is due to renewal on august 13 2021. Wife wants divorce.

My wife wants a divorce and possibly report me to uscis like she did before when we were together(she sent an email to uscis that she thought I was with her just for the green card which is not true). She wants me to leave our house and me to remove all my belongings and is threatening me with... Read more »

Nicole Vette
Nicole Vette answered on May 1, 2021

If you acquired the house, car and semi truck during the marriage then it is likely to be marital property so you should get half of everything. You are not trespassing and do not have to move out of the home right now. You should also consult with an immigration lawyer.

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1 Answer | Asked in Divorce for Florida on
Q: Do health care sharing networks count as health insurance for purposes of court-mandated coverage for minors in divorce?

Is there a standard mandate on this across Florida? For context, these networks are typically religious ministries and were specifically included in the ACA legislation to allow participants to be exempt from the ACA Mandate.

Nicole Vette
Nicole Vette answered on Apr 25, 2021

I think this really depends on the language in the final judgment. Generally, this is not done and the court is looking for you to get health insurance for the child.

1 Answer | Asked in Family Law, Civil Rights and Elder Law for Florida on
Q: My mom's legal rights to her half of the profit from their home he refuses to let her have her half of the $$

My step dad does not like my mom's family and he refuses to let my mom do what she wants with her half of the profit from selling their home..what's her legal rights to her half of the profit.

Nicole Vette
Nicole Vette answered on Apr 25, 2021

Is they are divorcing then she would likely get half the proceeds. If there is not a divorce then the proceeds will be wired to a joint account or an account the parties designate. Thereafter, there would be no rules on how the money is spent because the courts are not involved. Your mother would... Read more »

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