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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?
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... View More 
Again? Or will I be able to file if things aren’t reconciled within a few months? I’m in Florida
answered on Feb 11, 2020
You may refile later after your current petition has been voluntarily dismissed.
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... View More
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... View More
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.
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?
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... View More
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.
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... View More
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... View More
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... View More
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,... View More
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... View More
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... View More
We live in Cape Coral Florida. No common law. So what is his deal. Yes he has a lot of money. A lot!!!!
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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.
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.
She had affairs when we were together and they’re not mine
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... View More
I have both little girls and he pays me 40$/mo for both. He makes 15$/hr. He doesn't pay any other expenses....
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.
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... View More
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... View More
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