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We filled for divorce 2 years ago in NJ. My wife moved to FL 1.5 years ago, although there is no written agreement to allow this. I now also live in FL. Do we have to move the case to FL? Is FL a better state for me from a child support perspective or is NJ?
answered on Dec 17, 2024
If the child has been living in Florida for more than six months then NJ will probably not accept jurisdiction anymore, meaning that they may divorce you but they will not address children's issues because the child does not live there anymore. I cannot advise you on NJ child support law.... View More 
I've been instructed to deliver an indexed notebook for my divorce trial to my wife's attorney and to the judge. If I create a physical binder I assume I'm having to do multiple binders and if so, how do I make sure the judge receives a copy?
Thank you!
Can someone explain what this is and if I can't create a word doc, what format is the court looking for?
Thank you
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answered on Dec 10, 2024
When I have trial in orlando for any divorce or family law matter, I use a 3-ring binder and use a table of content and provide some of the following information based on the issues involved:
-Obtain a 3-ring binder: Include the case name, case number, and trial date on the cover and spine.... View More
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answered on Dec 7, 2024
Yes, this is an easy process. She will need to file a Notice of Voluntary Dismissal. The clerk will then send it to the Judge who can then dismiss the divorce.
My child's father refuses to sign the paperwork so I can get a passport for our child. Our child is 9 and he's only met him twice. He hasn't seen or called in 4 years. He does pay child support because he is court ordered to do so, but we do not have any custody or visitation orders.... View More
Even through a separate Civil Lawsuit for ill-gotten gains through fraud for failing to notify the court during that period and continuing to receive those funds
the court order said i must exit the location within 30 days of the order, i did, but now i have found myself homeless i lost my place to live, can i go back and enter the property or visit my kids on the property
answered on Nov 27, 2024
The short answer to your question is no, you have no legal right to re-enter the property. In the event your former husband would agree to allow you to re-enter, then you could, but not otherwise. Good luck
In 2023 we received 17k for damages from a back wages settlement. This settlement went towards a credit card and a car loan while we were married, both of which she assumed responsibility for in the divorce settlement Oct 2024. The settlement was from a case originated in 2016. We declared chapter... View More
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answered on Nov 23, 2024
This is a complex situation that intertwines bankruptcy, divorce, and settlement funds. The key issue here is that the settlement from 2016 should have been disclosed during your 2020 bankruptcy proceedings, making those funds part of the bankruptcy estate - even though you received them later in... View More
My salary is $110k. Hers is $135k. We have three kids.
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answered on Nov 19, 2024
Yes, property acquired during the marriage, except for inheritance is considered marital property. Florida is a 50-50 equitable distribution state. This means that, any interest acquired in any assets during the marriage is subject to equal division. This does not matter if her income is more. One... View More
I ask because it's a 36 page form
answered on Nov 19, 2024
If the business was created during the marriage and were living together, it is a marital business. She gets on half.
Paperwork to be submitted 10 days prior to court date, not sure if the statements are part of that or just the witness list.
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answered on Nov 13, 2024
For the pretrial statement a list of all potential witnesses with their name, address and phone number. The other side must be able to have sufficient information about your potential witness in the event they want to conduct an interview with them prior to trial.
No alimony or custody, this is regarding marital assets only
answered on Nov 12, 2024
You should include your proposed equitable distribution. List each asset and liability with a value and how you think that they should be divided. Pretrial catalog is sort of a road map. List all of your pints but you generally do not need a written statement. Speak with a local family lawyer for... View More
answered on Nov 12, 2024
Yes. Assuming that you mean pretrial catalog, put bullet points of what each witness will testify to. Speak with a local family lawyer for more specific advice.
answered on Nov 12, 2024
No. So long as your spouse does not comingle the inheritance with any marital property, an inheritance is non-marital.
from a joint account that their mortgage is taken out of each month, therefore making my son pay the mortgage. Is this legal? What can my son do? He alone does not make enough money for ALL expenses, and there are 3 children involved.
answered on Nov 4, 2024
Generally when a divorce is filed both parties are expected to maintain the financial status quo. That means that each party is expected to continue to pay the expenses that they traditionally paid. Until your son is in court for a divorce action he really does not have any recourse. Speak with a... View More
I currently live in Hillsborough county Florida and my soon to be ex-husband and his Friend accuse me of having a weapon (knife) . I haven't been officially charged assault w/ deadly weapon. But the only thing is my husband (person that said I committed the crime) a couple of months ago went... View More
answered on Oct 30, 2024
Hearsay is a statement made about what someone said to a testifying witness. If your husband were to tell the court that although he was blind, you told him you had a knife and that you were going to attack him with it, there is an exception to the hearsay rule because it would be something you... View More
Child is 9. Father lives out of state & has not been involved since birth. He is on birth certificate & is court ordered to pay child support from other state. He was told that anything to do with custody or visitation would be FL courts. He never filed for anything. He's accused me of... View More
answered on Oct 24, 2024
It sounds legally like you are in control. Offer him the terms that you want and if he does not like it then he can go to court. Speak with a local family lawyer for more specific advice.
I live in Florida, I have a family consist of 6 members my wife and I with daughters 19 y and 14y and sons 18 year 16y, I would like to sell my home and move outside the country for one year because I have work in my an original country .
my wife and son want not to move with me and I can... View More
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answered on Oct 13, 2024
Hello Fathi,
I'm sorry to hear about the challenges you're facing with your family situation. Moving abroad while ensuring your family's well-being is a significant decision that requires careful consideration. It's important to have open and honest conversations with... View More
My wife blindsided me with divorce a month ago, she left but hasn’t filed. She took the suv she was using but it is financed in my name and registered in my name. We have no assets only debts. She has made no attempts to get a job so she can’t afford the payments. Can I legally take the car... View More
answered on Oct 14, 2024
Consider filing for temporary orders in family court. These orders can provide immediate relief and address the possession of marital assets (like the vehicle) and custody arrangements while the divorce is pending.
Since 2022 husband has had 3 pay raises and 3 large bonuses, and I haven't received a dime over $750.00.
answered on Oct 14, 2024
Generally speaking, temporary support is modifiable. If $750 is not enough and you can prove both need and ability to pay more then go back to court and ask for more. Speak with a local family lawyer for more specific advice.
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