I know he is in New York but he will not give me an address and has blocked access to all communication. We have been separated for over 14 years
You can file a divorce by publication. Check with the clerk's office to see if the offer free help. Otherwise look for a local family lawyer to guide you through the process.
What is important is how and when the assets were paid for. If they were accrued and paid during the marriage then they are marital assets regardless of title. The marriage is long enough for alimony. You must next look at one party's financial need and the other party's financial ability... Read more »
I am trying to get financial records, dad is a realtor and hiding money. I would like to subpoena so that I can have records for child support court
If it is any sort of registered business then you can look it up on sunbiz.org
As a business entity you are required to provide a physical address and a registered agent to receive service of process.
Can a judge force me to sell my house that I bought with the money I received from my husbands passing? I got remarried and paid for the house cash, my now husband has taken out the entire equity, to pay off his credit card debt. He agreed to pay it back, now he wants a divorce and has said the... Read more »
This is a complicated question with multiple steps. Step one is to determine what portion of the house (equity) is marital. You say that the deed lists you, your husband and your daughter. This could mean that you each have a 1/3 interest. It could mean that you and your husband have half and your... Read more »
I filed for divorce in 2019 and my other half was never served as they couldn’t locate him due to him being homeless. I didn’t pursue it much further and now the case is closed, but It wasn’t finalized. It was closed due to lack of activity. Do I reopen the case or start a new petition?
It should be less expensive to reopen as opposed to beginning a new case. Check the fees with your local clerk's office. You will still need to serve him. There are other methods such as service by publication when a person cannot be found. Look for a free consultation with a local family attorney.
there has never been an order prior to this case for anything relating to the minor or the father or relocating
If you are in court for relocation then you cannot move without court permission or agreement of the other party. You can request temporary relocation from the court while the case is pending. If you move without permission it can be held against you in court. Look for a consultation with a local... Read more »
Out the joint account 2 months ago. Sole support for me last 6 years married 3. He had also took the breaker and thermostat so I had no air cond. And after a week gave it back. He makes 90+ per year and per his lawyer consultation to not help me out with bills . Shows ability to pay. I have... Read more »
You need to look for a local family lawyer that offers a free or low cost consultation as soon as possible.
We never had a parenting plan. He agreed to send him back this coming Monday day and has changed his mind.
I am assuming that you are the biological mother. If the father has never been to court to establish paternity then you have full legal rights. In this circumstance you can report the father for kidnapping if he refuses to cooperate. If you have been to court for paternity and just do not have a... Read more »
We have an Ancestry DNA test as proof.
The biological father has agreed.
There is a father already listed.
You do not mention if there is currently a father listed on the birth certificate. Depending on that fact you may need to file a paternity action. Speak with a local family lawyer for more specific guidance.
I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... Read more »
In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... Read more »
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
You do not say whether you are already in court for divorce or just planning. Either way, since his name is on the deed now he will need to sign the contract for sale. If you are in court and he is not being reasonable then you can ask the judge to intervene. If you are not in court then you will... Read more »
They can only be removed if they agree (voluntarily by signing a deed) or by court order if you file a lawsuit to remove them.
My ex doesn't have physical custody and lives in another country. My kids and I live in Florida. If it won't affect our custody arrangement and they don't even live nearby (8,000 miles away), do I really need my ex's permission? Our marital settlement also says we shall be free... Read more »
Obviously from your statement you have a long distance parenting plan. You say that the relocation will not change the other parent's timesharing in any way so why don't you just tell them that you are moving? Relocation is about notice also, not just permission. The permission comes from... Read more »
If the biological father has never been to court to establish his legal paternity rights then the mother has full authority over the children, including relocation. However, if he files in court before you move then you will need to deal with him in court.
Is line 9b subtracted from line 9a to determine cost from father to mother? (If lines 10-21 are not applicable because father has less than 73 nights.)
No subtraction. Whoever has the greater number pays that number.
By court order he is supposed to take my daughter every summer, this year he took her, had her for 2 weeks and decided to bring her back. Now all of a sudden he texts me demanding to have our daughter ready because he is coming to pick her up.
The remedy is a Motion for Contempt and Enforcement for his failure to follow the court order. Look for a local family lawyer to help guide you.
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 »
The document that you are describing is called a postnuptial agreement. I agree that you should contact a local family lawyer to draft a document that meets all necessary legal requirements.
Dad carries insurance
And makes the non-medical emergency decisions
Yes. As part of shared parental responsibility both parents have the right to participate.
Is it possible to be married in the state of Florida and one parent have primary custody of the children that the couple had together?
If you are married in Florida (living in Florida) and have a child, also living in Florida, then the presumption is that both parents have equal rights to the child. The parents can agree to whatever timesharing arrangement (custody) that they want. Unless you invite court intervention you can do... Read more »
I was awarded primary custody 2019 and the child has resided in Florida from Feb 2019 to present the other parent moved away from the jurisdiction a month later and has moved back to that state a month ago and is trying t transfer venue to a city that the child doesn't reside. I have tried to... Read more »
You need to go to court where the child has lived for the past six months. You do not mention whether the move to Florida is permanent. This can be a complex issue so you should look for a local family lawyer for a consultation based on more specific facts.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
