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Questions Answered by Opal Phiona Lee
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 None of the numbers listed are in service and his email is no longer valid.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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1 Answer | Asked in Divorce for Florida on
Q: Husband has asked for a divorce after 25 years. We are in FL. He, without my knowledge, bought a house.

His mother, of the family trust, of which he is a beneficiary, is on the deed. Because this house was purchased while we were still legally married, am I entitled to 50% of this asset?

Opal Phiona Lee
Opal Phiona Lee answered on Feb 15, 2020

A determination will need to be made as to whether marital funds were used to purchase the property. If only marital funds were used to purchase the property, then the property should be equitably distributed between you and your spouse - equitably distribution usually but not necessarily means... Read more »

2 Answers | Asked in Divorce for Florida on
Q: I filed for divorce one week ago and want to file a motion to either postpone or cancel, am I then barred from filing..

Again? Or will I be able to file if things aren’t reconciled within a few months? I’m in Florida

Opal Phiona Lee
Opal Phiona Lee answered on Feb 11, 2020

You may refile later after your current petition has been voluntarily dismissed.

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1 Answer | Asked in Divorce for Florida on
Q: How much is it to file the petition in Broward County courts and can legal Aide help me complete the paperwork?
Opal Phiona Lee
Opal Phiona Lee answered on Jan 30, 2020

The filing fee in Broward County is $409.00. Depending on your income and assets, you may be able to file an application for determination of indigent status where the filing fee could be waived. You may contact legal aide to see whether they may be of assistance. You may also contact a private... Read more »

2 Answers | Asked in Family Law, Divorce and Child Support for Florida on
Q: Family law

I’m a divorced mother of 2. Divorced in 2005-last order from a judge (2014) was for me to pay 50.00 a month. Arrears are 21.000, the real amount already paid amount is $ 7,000 I have the receipts. My children are now 26 and 22. I’ve supported my son for 3 years he’s graduating college in the... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Jan 30, 2020

It is best that you schedule a consultation to speak with an attorney who would be able to review the court documents. and advise you accordingly.

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1 Answer | Asked in Divorce for Florida on
Q: I am school obtaining a masters a family nurse practitioner. How will this effect spousal support?

I have worked fulltime until recently as an RN. I recently went PT and switched to his insurance. We have 3 children and are headed for divorce. Am I eligible for help until I finish school in Jan. 21?

Opal Phiona Lee
Opal Phiona Lee answered on Jan 27, 2020

There are a number of deciding factors to consider before determining whether it is likely that you are entitled to spousal support - such as the income of both parties and duration of the marriage. One party has to have the need and the other the ability to pay. It is best that you consult with a... Read more »

1 Answer | Asked in Divorce for Florida on
Q: There are children involved but this will b uncontested .. someone point n me the direction which wont cost so much
Opal Phiona Lee
Opal Phiona Lee answered on Jan 25, 2020

The first thing you should do is schedule a consultation with an attorney. Most of us attorneys on JUSTIA offer a free consult. The fact that it is uncontested should speed up the divorce and result in lower fees.

3 Answers | Asked in Divorce and Family Law for Florida on
Q: I divorced back in 2012 & the Dissolution of Marriage stated she kept the car and i kept the home. Now she wants money.

I am looking to sell the home and she has contacted my realtor stating she is entitled to 50% of any profits made. She has not lived in or put anything towards the house since her departure 8 years back. She refuses to sign off on a quick claim deed and is prolonging the sale process while the home... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Jan 15, 2020

Your marital settlement agreement should specify in details the parties' rights as it relates to the house. Usually, the agreement should even state the time frame within which a party should execute any applicable quit claim deeds. It is best that you consult with a family law attorney who... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: My husband of 25 years are divorcing. He has a pension and SS coming in. How much can I get. not working

I have not worked since we married 25 years ago. I have taken care of him through many health issues- 3 heart attacks, open heart surgery, 8 stints, hip replacement, fractured hip, bi-polar/depression. Helped take care of his mom, been there for him thru the loss of his daughter from cancer and... Read more »

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

It is advisable that you schedule a consult with an attorney to obtain advise specific to your situation. However, generally speaking, absent a valid pre or post-nuptial agreement, marital assets (those accruing during the marriage) are usually equitably divided, which may be equally. In addition,... Read more »

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4 Answers | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How can I get my child back from my child father?

I let my daughter go with her father for the weekend he was suppose to bring her back instead he decided to withdraw her from daycare, block my number and any attempt for me to contact my child. I filed for divorce soon after this happened but hes still not allowing me to see her its been 4 weeks... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Dec 12, 2019

You first need to consult with an attorney who will be able to review the documents already filed and assist you in getting an expedited hearing and/or a temporary time sharing plan in place. This, especially since you are married and now going through the divorce process. Proceedings involving... Read more »

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