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Florida Divorce Questions & Answers
0 Answers | Asked in Divorce for Florida on
Q: I need to get a divorce and dont have money my ex make 10 thousand a month we have a house that he is living with a girl

I want have of everything he have bean marrige for 15 yrs

1 Answer | Asked in Divorce for Florida on
Q: I am going through a divorce. Both cars are in my name. If she takes one of the cars, will she have to make the paymen
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2024

If she is to be awarded one of the cars, the divorce decree should provide that she makes the payments. In any case, if the payments are not made, the car would be subject to repossession.

1 Answer | Asked in Divorce for Florida on
Q: Are your spouse entitled to half of your 401k
Pamela J. Fero
Pamela J. Fero
answered on Jul 18, 2024

In Florida, the division of assets during a divorce is subject to the principle of "equitable distribution." This means that marital assets and liabilities must be divided fairly, though not necessarily equally. Whether your spouse is entitled to a portion of your 401k depends on whether... View More

2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More

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0 Answers | Asked in Appeals / Appellate Law, Child Support, Divorce and Family Law for Florida on
Q: Can a Judge ignore an appeal and a modification of child support?

Appealed after my divorce as a motion to Limine was granted by the Magistrate and my financials tripled. Judge signed the magistrates order the same day without allowing my 10 day response. Extended time hearing was canceled for appeal with contesting the magistrates being bias with out any... View More

0 Answers | Asked in Divorce for Florida on
Q: my husband and I had an MSA agreement , but never filed for divorce and live together in marital homis the MSA binding.

my name is still on the marital home where we both have lived for several years. Some of the MSA was fulfilled. He did pay my rent for one year for me to move out. Is the MSA still binding?

0 Answers | Asked in Divorce for Florida on
Q: I just received a summons 20 day to respond to a divorce. My husband has sent my reply, but do I or should I hire Legal

I sent an answer sheet to this so I’m in default for 20 days but should I hire an attorney. we also both have injunctions against each other. That case will be heard at the beginning of August..

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Separation agreement question

Good morning. In the state of Florida if i need to separate from my husband and he makes more than twice what I make,

can there be a legal separation agreement that will provide me with support for living expenses until the divorce can be processed and finalized?

Mary Elizabeth Quinn
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answered on Jun 25, 2024

There is no legal separation in the State of Florida. If you wish to seek support from your Husband without filing a petition for divorce then you would file a Petition for support unconnected with a dissolution of marriage and request alimony/support. The process is every similar to a dissolution... View More

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1 Answer | Asked in Divorce for Florida on
Q: Hello, I have recently filed for a divorce and have lived away from my husband for the past 19 years.

My question relates to the financial affidavit and related documents. Do I have to provide my husband all bank statements, credit card statements, tax returns for the past three years even though he never even sent an answer to the original petition after being served? I don't understand why... View More

Mary Elizabeth Quinn
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answered on Jun 25, 2024

If you are requesting any financial relief from the court then pursuant to Florida Family Law Rule of Procedure 12.285, there are specific documents that must be provided to the opposing party and a Certificate of Compliance with Mandatory Disclosure must be filed with the court.

1 Answer | Asked in Divorce for Florida on
Q: Judge reinstated my maiden name at our divorce in FL. How do we sell our home if my married name is on the deed & title?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 21, 2024

You give the title company a copy of the divorce decree by which your maiden-name was restored.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I move out off my home until tells o I am divorced and not get in any trouble and not loose my half of me aets

My husband is calling me names and trying to make me miserable while we are living together being very mean saying he should of bashed my head in and calling me bad names he says he is going to make me miserable until I leave:he thinks if I leave he is going to get me for abandoned the home so... View More

Michael Ferrin
Michael Ferrin
answered on Jun 18, 2024

You can leave the home without affecting any marital rights you may have in the home other than possession and access. Once you leave the home and the divorce is filed, you will not be able to return to the home unless you have a court order or an agreement between you and your husband. Also, if... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: In Florida, how likely would it be that an absent father would get custody and / or visitation? I need some legal advice

Sons dad resides in NY. My son & I reside in FL (son was born here) Sons dad has accused me of parental alienation since the birth of our child. He has always had a phone # to contact me & address. Ex has seen our 8 y/o son twice since he was born in 2015. I brought our son to NY in 2019... View More

Rand Scott Lieber
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answered on Jun 16, 2024

The legal standard in Florida is what is in the best interest of the child. If a parent has been absent for an extended period the court is not going to thrust them together. Reunification is possible but can be a lengthy process. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Florida on
Q: Bf of 9 years was sole financial supporter. Mnths ago he abruptly ceased paying bills, expenses. We live off MY SSDI.

He recd $4 mill sttlmnt 4 years ago, left me for other lady and came back weeks later. Now he sees her again but won't move out. Runs up our bills and refuses to give a penny. Very volatile situation which local cops know about.

.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 10, 2024

Are the bills "our bills" or his bills and your bills? You are not responsible for his bills.

If you want him out, and the residence belongs to you, simply evict him.

1 Answer | Asked in Family Law and Divorce for Florida on
Q: Jurisdiction:- Florida (west palm beach)Family law matterNeed information (as explained below) re dismissal

Brief overview:

* I am the petitioner / applicant - I filed the petition to divorce Oct 2023 in west palm beach county

* The case was badly managed, various delays / I was badly represented by my US attorneys. I am no longer represented.

* She filed a counter petition... View More

Rand Scott Lieber
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answered on Jun 6, 2024

This may be a question for an Australian lawyer regarding filing there. As far as Florida goes, you can request a case management conference (status conference) with the judge. Look online for the judge's division procedures for scheduling instructions. You have the power to unilaterally... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Has a pro se registered individual in a divorce case. What is the process to file for a hearing for the court?

JAWS appears to be only for attorneys. I have filed two motions that I want to bring in front of the court.

Rand Scott Lieber
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answered on Jun 3, 2024

Look up the division procedures for your judge online. There should be instructions on how to request and schedule a hearing. There should also be a phone number and/or email for the judicial assistant. That is the person with whom you need to communicate. Speak with a local family attorney for... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I was married and divorced in Alabama but lived between Al and Fl.I would like my personal belongings that are in Fl

He’s a narcissist and am fearful of being alone.

I have to pack and will need assistance from my son

He can keep the furniture but would like half of the $

Rand Scott Lieber
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answered on Jun 3, 2024

You say that you are already divorced. You will need to read the divorce decree carefully. It should say how your property was divided, regardless of where it is located. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: My ex wife has an injunction against me. I am attending BIP and on probation. The injunction currently only allows for

Supervised visitation of my 2 year old son. When I complete BIP and get off probation, Does that qualify as a change of circumstance and allow me to modify the injunction to request unsupervised custody of my son at my home? No family case at the moment. We are still married. Divorce has not been... View More

Rand Scott Lieber
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answered on May 31, 2024

You can always file a motion to modify the conditions of the injunction. You do not mention if there is also a family case. You may be able to modify sooner than the end of your program and probation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: does a divorce overseas count in the united states

Marriied in the usa and at a catholic church overseas. marriage recorded in the foreign country.

if i divorce in the foreign country will i be also divorced in the united states

Rand Scott Lieber
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answered on May 30, 2024

As long as the overseas divorce is legal where it takes place then the US will also recognize the divorce. Make sure that you notify the other party of the proceedings. If your intention is to divorce without your spouse being aware of the proceedings then that can create a problem. Speak with a... View More

1 Answer | Asked in Divorce and Landlord - Tenant for Florida on
Q: My ex wife moved out 16 moths ago and left her stuff now she wants to sue me for her things she never picked up.

Nothing in the divorce agreement says anything about belongings but she sent an email 14 months ago stating what furniture she wanted and I replied looks good. Does she have any rights to her stuff since it's been so long.

Rand Scott Lieber
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answered on May 28, 2024

You are both bound by whatever your settlement agreement says. Normally there is a clause that says each party keeps whatever is remaining in their possession. Read the agreement carefully and speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: In our divorce settlement do the refinance costs have to be shared?

My husband chose to refinance but insists I have to share the cost . Since the house will now be in his name , why would I be responsible for his costs?

Rand Scott Lieber
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answered on May 27, 2024

Unless the marital settlement agreement is clear that you need to share in the refinance costs, it is not your responsibility to pay them. Speak with a local family lawyer for more specific advice.

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