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 »
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.
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 »
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 »
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 »
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.
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.
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 »
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.
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