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Questions Answered by Opal Phiona Lee
1 Answer | Asked in Divorce for Florida on
Q: I've been in a relationship for 20yrs with the exception of 2.7 yrs. X wants me to say that we broke up in 2016. Why?

We live in Cape Coral Florida. No common law. So what is his deal. Yes he has a lot of money. A lot!!!!

Opal Phiona Lee
Opal Phiona Lee answered on Oct 13, 2019

You said relationship, I assume you have been married to this person for the 20 years. The length of the marriage usually determines the amount of any alimony/spousal support....the longer you have been married, the more likely alimony will become a factor. The date of separation is also a key... Read more »

1 Answer | Asked in Divorce for Florida on
Q: If a lawyer file faults documents to the court can a decision be trun over.
Opal Phiona Lee
Opal Phiona Lee answered on Oct 9, 2019

A motion to set aside default may be filed. In the motion, the movant will explain to the court the reason it should set aside the default. The court will then hear the argument for setting aside the default and then decide.

1 Answer | Asked in Divorce for Florida on
Q: Can a spousal support and required life insurance policy be modified(tied to the home)

My husband and his ex were divorced after 25 years. He was ordered to pay $500 monthly for maintainence of the home(it is very specifically not alimony so a. not taxable and b. she gets it as long as she owns the home) and maintain a 200k policy so she would continue to get the money after his... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Oct 2, 2019

It will be necessary to review the final judgment and any marital settlement agreement to determine whether the alimony is modifiable. If it is modifiable, your husband could argue the changed circumstances in seeking a reduction or termination of the ordered support and life insurance. As such, it... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Hi my name is Desa My question is:My husband won’t divorce he left house for three weeks.What I need to do to protect

I have 16th years daughter with me.We are worries what will happen to me and my daughter.I find out he didn’t pay IRS tax for four years.He Hiding everything from me.We have construction business which I don’t know anything about financial services.I was working like secretary what I never did... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Oct 2, 2019

It sounds like you need to schedule a consultation with a divorce attorney as soon as possible if it is your desire to start proceedings. The parties are required to exchange certain documents during the initial stages of the divorce so you should be able to review information you husband is... Read more »

2 Answers | Asked in Divorce for Florida on
Q: Is it legal in Florida for my brothers with to pack up his stuff and kick him out of their house??
Opal Phiona Lee
Opal Phiona Lee answered on Sep 30, 2019

It is unlawful for a person to self-evict a spouse from the marital home - wife would have needed to first obtain a court order to evict your brother. Your brother has as much rights to the marital home as his spouse during the pending divorce action unless a court order says otherwise. Your... Read more »

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Elder Law for Florida on
Q: Is there an abandonment law on elderly couple married for over 40 years. One starting to have some major medical issues

I am trying to find out the Ohio laws if there is any abandonment laws on elderly. It is a very complicated story back in July we received a phone call from a hospital on in Ohio that they had my father n law there and stated that he has been and put off the hospital so much that they are not going... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Sep 24, 2019

You mentioned that the divorce was filed - was it filed in Ohio or Florida. It’s very important that he contact an attorney in whatever State the divorce was filed so he can obtain advise specific to his situation.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Need info on divorce been marry for 20 yrs. 3 kids and husband cheating. took my car. i need to knkw my rights

been marry for 20 yrs. have 3 kids 18,14,and12. my husband wants a divorce. just found out that he's been seeing and now moving in with his a girl he's seeing. not giving any money nor helping with the kids. dont call the kids nor amswer our calls he comes in thw house when he wants when im... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Sep 23, 2019

First of all, if you feel your life is being threatened, you should go to the courthouse ASAP and file for a restraining order. You should then make contact with a divorce attorney to schedule a consultation and obtain advise specific to your situation.

1 Answer | Asked in Divorce for Florida on
Q: How must I go about serving divorce papers to my spouse?
Opal Phiona Lee
Opal Phiona Lee answered on Sep 17, 2019

Usually, a process server is used to serve dissolution of marriage documents. It is best for you to contact an attorney for assistance with preparation of the documents and effectuating service.

2 Answers | Asked in Divorce for Florida on
Q: What should I do? My wife lied to me about my 2 kids and they’re not mine. I’m looking forward to get a divorce

She had affairs when we were together and they’re not mine

Opal Phiona Lee
Opal Phiona Lee answered on Sep 15, 2019

You should consult an attorney asap. You seem to be certain that the children are not biologically yours - if this was confirmed via DNA, the divorce needs to be filed (assuming you want a divorce) with a Count for disestablishment of paternity. Time is of the essence as the request need to be made... Read more »

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: is it better to file divorce first or for child support before the divorce is filed. I have both my little girls...

I have both little girls and he pays me 40$/mo for both. He makes 15$/hr. He doesn't pay any other expenses....

Opal Phiona Lee
Opal Phiona Lee answered on Sep 9, 2019

It may be best to file a divorce action since child support and timeshare are usually handled as part of the divorce proceedings.

2 Answers | Asked in Divorce for Florida on
Q: we have a house and no children, both names are on the morgage - if we divorce and the property is split 50/50.

my wife will not move out (she says she will but last time she would not let any realtor in or buyer -- after 6 months away I had to come back because I can not afford 2 housing payments. she says she is game to sell but how long can she stay in the house after a court order to sell? she has no... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Sep 9, 2019

Usually, your attorney would speak with your wife's attorney and attempt to come to an agreement regarding the sale of the property. If an agreement cannot be reached, including at a mediation, then the Court can make that determination at the final hearing. The agreement or final judgment of... Read more »

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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: Married, husband hasn't met son & lives in another state. Can I establish custody before getting a divorce?

Since his release, he's gotten another woman pregnant. I supported him while he was in prison & had to relocate closer to family due to his incarceration. Since he is no longer coming to FL to be with us, am I eligible for alimony? He has a good job but hasn't sent us a dime. Just filed child... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Oct 22, 2018

Alimony is based on the recipient proving that he/she has the need and that the obligor has the ability to pay. Factors also include length of marriage and marriage contribution. More facts are necessary to determine whether you are eligible for alimony. As for visitation and child support, it is... Read more »

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