A Motion to Correct Scrivener's Error would need to be filed with the Court explaining the error and providing an affidavit and any proof evidencing the error. A copy of the Motion will need to be provided to the other party and a proposed order correcting the error should be submitted to the... View More

Divorce usually qualifies as a Special Enrollment Period (also known as a Qualifying Life Event), allowing you to elect health insurance through your employer outside of the usual annual enrollment period. You typically have 60 days from the date the divorce becomes final to make this election. You... View More

You indicated that you have no prenuptial or post nuptial agreement and as such any and all income you and your Husband had during the marriage belonged to both of you. Given that fact all payments you made on the mortgage were made from marital funds and that would mean that each of you have an... View More

If you believe that you and your spouse are both knowledgeable regarding the marital assets and debts held by the other and that you will be able to reach an agreement regarding the distribution of the same without litigation but with the help of a mediator, which the court will require anyway,... View More

By being named on the birth certificate you are recognized under Florida Law as being a natural guardian of the children with the same parental rights and responsibilities as the mother. However, that just means that each of you as parents have the right to deny the other parent access to the... View More

Based upon what you have stated it would seem to be time to prepare for final trial, the court must be advised that the action is ready for trial and a court date will be set. Expect that date to be somewhere in the next four to six months. If there is no agreement regarding time sharing or a... View More

The Colorado Final Judgement would need to be domesticate in Florida and there is a specific procedure to properly accomplish the same. Unless your daughter is going to be adopted by a step parent or someone else with you it is doubtful that your former husband would be permitted to voluntarily... View More

From what you describe you basically have sole custody of your daughter now, so I'm not quite sure what you are hoping to gain by filing an action for the same. While it is true that the father is free to file a Petition to establish his parental rights and obtain time sharing any time he... View More

The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.

The... View More

If one you have lived in Florida for the last 6 months, the parties have no minor children and they agree to the divorce, the can be obtained in any circuit civil court located in Florida utilizing Florida's simplified dissolution procedure. There are pleadings and administrative forms that... View More

If you were not married to the mother at the time the child was conceived or born you will need to file a Petition to Establish Paternity and Related Relief so you can obtain court order time sharing with the child.

You can certainly retain an attorney for such a review and you are very wise to do so. If you are paying your Wife or providing her with some asset as part of her equitable distribution of a marital asset and you pay this to her while her attorney or former attorney has a ordered charging lien you... View More

This is not a family law question but rather a consumer debt or estate planning question. However, the fact that you and your son are on title to your home may negatively impact your homestead rights protections from both your and your son's creditors and you should seek the advise of an... View More

Alimony is based upon the length of the marriage and the requesting spouse's proven need for alimony and the paying spouse's proven ability to pay alimony. If the paying spouse's income is only enough to pay his or her normal living expenses then it does not matter what the... View More

You will need to file, or have filed on your behalf by the attorney of your choice, a Petition to Establish Paternity and Related Relief through which you be able to establish court ordered time sharing with your daughter. Depending upon the time sharing obtained you may also be able to reduce your... View More

As the other attorney's have stated you should not, under any circumstances, sign over your interest in the home without first personally consulting with a attorney. Doing otherwise could end up costing you youre share of the home equity whether it is sold or retained by your Husband. At the... View More

Alimony is based upon need and ability to pay. Based upon what you have stated you could certainly prove that you have a need for some amount of alimony the remaining question, which you would have the burden of proving in court, is that your Wife has the ability to pay some amount of alimony given... View More

While it may not be the best of living arrangements there is nothing illegal about it as Florida law would only require that the children have a safe and secure residence in which to reside.

Based upon your question I will assume that you requested a child support modification through the DOR not by filing a Petition for Modification with the Court. To obtain a modification of child support you must allege, within a Petition for Modification filed with the Circuit Court and prove a... View More

Yes, you can adopt your step daughter with her legal/biological mother's and father's consent. However, the court can waive the consent requirement for any parent that has abandoned the child, as that term is defined under Florida Statutes.