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Questions Answered by Opal Phiona Lee
1 Answer | Asked in Divorce for Florida on
Q: When getting divorced, can my husband claim a house that I got while we were separated?

We have been separated for almost two years and I want a divorce. I am also about to buy a house. Can he claim any part of the house while going through a divorce?

Opal Phiona Lee
Opal Phiona Lee answered on Sep 19, 2021

He certainly can. Usually, a court may use any of 3 dates when valuing assets and liabilities: 1) date of separation 2) date of filing the divorce petition or 3) date of final judgment. There are different circumstances which may warrant which date is used. Of course, you and your attorney would... Read more »

3 Answers | Asked in Divorce and Family Law for Florida on
Q: Does a lesser earning spouse pay alimony?

My spouse who earns double my income filed for alimony. Will I have to pay?

Opal Phiona Lee
Opal Phiona Lee answered on Aug 1, 2021

Alimony is based on one spouse having a need and the other spouse having the ability. Though a person may request alimony, the facts of the case will determine whether that person ultimately receives it. If your spouse makes double your income, it doesn't appear he/she would be eligible; you,... Read more »

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: is my ex husband suppose to be "Hiding" a Fl. lottery winning after or during marriage disolution? In a JGWentworth.
Opal Phiona Lee
Opal Phiona Lee answered on Aug 1, 2021

Good day. I notice you stated ex-husband - does this mean the marriage was already dissolved? If a spouse won the lottery before a dissolution of marriage was filed or anytime before a Final Judgment is entered, he or she is required to disclose it; of course, a stronger argument for it being... Read more »

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2 Answers | Asked in Adoption, Child Custody and Divorce for Florida on
Q: Uncontested Divorce trying to be civil how to give step parent visitation without allowing them to adopt the child

Oldest child isnt biological the step parents kid. He has been going with his brothers since we split during timesharing with mom how to write that into paperwork without allowing him to be legally adopted his real mom abandoned him 11 years ago but is still on birth certificate I have paperwork... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Jul 28, 2021

Permitting the step-parent timesharing wouldn't be causing the the person to legally adopt - an adoption process would need to be initiated. However, you may be entering into an agreement/contract to give a person rights they may not otherwise have. As such, I strongly suggest you schedule a... Read more »

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3 Answers | Asked in Divorce for Florida on
Q: I’m getting divorced, house is only in my name, I am selling ,paying husband off, does he have any say in the sale price

Mortgage is in my name I have made every payment, I did put him on the deed when I refinanced when realtor pulled the title she said my name was the only one on it but my ex is trying to tell me that he has just as much say as I do as far as price being excepted for selling

Opal Phiona Lee
Opal Phiona Lee answered on Jul 28, 2021

There are several factors to consider in determining each spouse's rights regarding property. For example, 1) was the property purchased before or during the marriage; 2) was there any marital funds used toward the maintenance or increase in value of the property; 3) is there a marital... Read more »

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4 Answers | Asked in Divorce and Family Law for Florida on
Q: Will my marital property belongs to me after divorce if my wife signs a paper to waive any property dispute?

We are in Florida. Today, my wife is aware that the house belongs to me, cause I bought it with my own money. But will the house be divided if we divorce in the future? The house is titled by myself only at the moment.

Does it help if my wife is willing to sign a paper (what kind of paper... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Jul 15, 2021

You and your wife will need to execute a postnuptial agreement - you will each need to seek legal advise from an independent attorney of your choosing. I agree with my peers that it is best you contact a family law attorney to schedule a consultation.

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2 Answers | Asked in Divorce for Florida on
Q: If I got married in 1991 and sperated in 1992 and finally got divorced in 2011 and remarried someone else in 2017 and st

Started a city job with 401k in 2019 does my first wife have claims on my 401k

Opal Phiona Lee
Opal Phiona Lee answered on Jul 28, 2021

Your first divorce ended in 2011 - there are several dates the court can use when valuing valuing or classifying assets - for example the court may use the date of separation, the date of filing the petition or even the date of the final judgment. You have not stated whether the 401k had accrued... Read more »

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4 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: I got divorced in 2019 & have been awarded our house. How do I get ex-husband name off deed & mortgage? Tried having

Tried getting him to sign the quick claim deed form however he refused to do so. Help please!!

Opal Phiona Lee
Opal Phiona Lee answered on Jun 30, 2021

Usually the marital settlement agreement and final judgment contain language of how the property should be transferred. Did it state husband should sign a quit claim deed within a certain amount of time? It is best you consult with one of us divorce attorneys who can review the documents and see... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: Married in CA live in FL no contact w/husband for 4 yrs. How do I get a divorce?

I was in the Navy when I married him in 2004. Haven't seen him since 2007. Last email with him was on Feb 18th 2016. I have looked for him on social media, and even paid a site to get information about him. None of the numbers listed are in service and his email is no longer valid. I'm... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Jul 6, 2020

You may try and retain a PI to conduct a location search. It may also be possible for you to dissolve your marriage via service by publication. It would be wise to schedule a consult with one of us divorce attorneys in order to obtain more specific information.

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2 Answers | Asked in Divorce for Florida on
Q: My wife filed notice of voluntary dismissal, do i have option to continue that petition again as like before?

she is the petitioner, the divorce case is going on for almost about 5 months, now suddenly she files for notice of voluntary dismissal.. does it get granted right away from the court? do i have still option to continue with the same petition? and how long i have time period to file a counter... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on May 26, 2020

Since you didn’t file a counter petition, the case is now “dead”. You will now need to file a new petition. That is why it is important to always file an answer and counter-petition if you want to see the dissolution through the end.

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3 Answers | Asked in Divorce for Florida on
Q: Hi, I live in a very stressful home, I want to divorce and wanted to know the steps that I have to take.

Married for 10 years, no children, we own 2 houses together. If he wants to stay in the house, what should be the process please.

Thank you

Opal Phiona Lee
Opal Phiona Lee answered on May 17, 2020

Your first step should be to schedule a consult with one of us divorce attorneys. You mentioned there are 2 houses and it appears you are both still living in 1 - you didn’t say who is living in the other. Tou also mentioned that he want to stay in the house - you didn’t say if you object? The... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: Can I take my kids to my mothers house when I separate??

My husband is abusive and controlling

Opal Phiona Lee
Opal Phiona Lee answered on Apr 26, 2020

First of all, sorry to hear you are in an abusive relationship. You should take appropriate measures to protect yourself including speaking scheduling a consult with an attorney for guidance. Second, much more information is needed before you can receive a specific answer to your question- for eg,... Read more »

2 Answers | Asked in Divorce for Florida on
Q: Can my wife have me drug tested for recreational marijuana use?

We've only been married 1.5 years with no kids. She never fully moved into my inherited house so I locked her out upon filing. I'm giving her one of the cars, I have nothing other than investment accounts that I think will be premarital. If I use recreational marijuana for the depression... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Apr 16, 2020

Since there are no children, drug testing should not be relevant to the case.

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1 Answer | Asked in Divorce for Florida on
Q: I need help with affording a lawyer for initial proceedings in a divorce.

Married 20 years, separated for 1 1/2 years now. Husband had numerous affairs, and left and moved in with a girlfriend. He keeps EVERYTHING in the business bank account which I cannot access therefore I am with very limited means to afford a retainer or even just begin the process. I am currently... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Apr 6, 2020

I think it’s best you contact a divorce attorney and schedule a consultation to discuss. It may be possible for a payment arrangement to be made depending on the facts of your case. Some of us here from JUSTIA offer a free initial consultation. Good luck and stay safe.

3 Answers | Asked in Divorce for Florida on
Q: My wife wants me to Sign divorce papers that says I've cheated on her by texting other girls But i don't want to

I'm a US Resident and I'm married for 3 years and i have a son but me and my wife didn't live together until the 5th of December 2019 when I moved from Egypt to the USA, And we agreed on getting a divorce and then i will be moving out of Florida and go to live in another state but I... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Apr 5, 2020

It is best that you contact a divorce attorney who can review the divorce documents and advise you accordingly - most of us here on JUSTIA do offer a free initial consultation.

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2 Answers | Asked in Divorce for Florida on
Q: Divorce reputura inrepalabre on nov.28 2018. But start seperation march 27 2018. Went to florida

Purchase home florida april 4,2018. Is this consider bienes ganaciales.

Opal Phiona Lee
Opal Phiona Lee answered on Apr 1, 2020

I would recommend that you schedule a consultation with a divorce attorney to discuss as the answer really depends on a number of factors.

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3 Answers | Asked in Divorce for Florida on
Q: My girlfriend and I want to get married. But first we have to dissolve/ get an divorce from her first marriage

They have been separated for almost 20 years. And we have no idea where he is. Can she still get a divorce with out us knowing where he is. / With out his signature. And how would we go about doing that?

Opal Phiona Lee
Opal Phiona Lee answered on Feb 24, 2020

She may effectuate service by publication (putting notice in newspaper). She should schedule a consult with a divorce attorney to discuss.

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3 Answers | Asked in Divorce for Florida on
Q: I'm filing for divorce. Do I have to mention my child that is not from my husband in divorce papers?

I'm filing for divorce. My husband is not a biological father of my child that was recently born. He knows that and already signed affidavit of non-paternity. He is willing to get divorce as much as I do. We don't have assets or debt to divide. The lawyer suggested not to mention the... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Feb 21, 2020

You will need to mention any minor child that was born during the marriage. Therefore, you must include your newborn child. Your spouse will then need to file a petition to disestablish paternity (which should be done in the same divorce proceedings). I suggest you consult with a divorce attorney... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: How much would it cost for a divorce and neither party wants anything from the other
Opal Phiona Lee
Opal Phiona Lee answered on Feb 17, 2020

It depends on whether there are minor children and/or property. The fact that it will be an uncontested divorce should result in a lower fee. It is best you contact a divorce attorney to discuss - many of us on JUSTIA offer a free initial consultation.

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