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Questions Answered by Opal Phiona Lee
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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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... 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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