Lawyers, Answer Questions  & Get Points Log In
Florida Divorce Questions & Answers
0 Answers | Asked in Divorce and Family Law for Florida on
Q: Can a spouse going through a divorce stop paying mortgage or utilities when they moved out?

they split the bills and mortgage, both on the deed and note. One spouse moved and then served the papers. but is refusing to pay their half of the mortgage. Recently, the spouse that moved out has turned off internet, then took the modem.

2 Answers | Asked in Divorce for Florida on
Q: My boyfriend was sapinaed for deposition by opposing council. What line of questioning is and not allowed?

I am a pro se litigant.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2023

The restrictions are not that simple. The general criteria is does the question relate to relevant issues in the divorce that your boyfriend has knowledge of. Speak with a local family lawyer for more specific advice.

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: Can the opposing council sapina my boyfriend for Deposition to their law office? I'm pro se litigant in florida, Divorce
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2023

That depends on whether your boyfriend has any relevant information regarding the divorce. Generally, they cannot ask about his finances. The deposition must occur in the county where your boyfriend lives. If opposing counsel's office meets that requirement then the deposition can be held... View More

0 Answers | Asked in Personal Injury and Divorce for Florida on
Q: Yes I asked my attorney who is a personal Injury attorney & has told me he does not know & to ask a family attorney

If I receive a personal Injury settlement in Florida will mt husband be able to access it?. My husband and I have been separated for over 12 years and we live seperate lives in separate households. If we go ahead with the divorce now will the settlement be part of my assets? Yes I am on a full... View More

1 Answer | Asked in Personal Injury and Divorce for Florida on
Q: Yes I asked my attorney who is a personal Injury attorney & has told me he does not know & to ask a family attorney

If I receive a personal Injury settlement in Florida will mt husband be able to access it?. My husband and I have been separated for over 12 years and we live seperate lives in separate households. If we go ahead with the divorce now will the settlement be part of my assets? Yes I am on a full... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 22, 2023

Okay, so at least two attorneys have now recommended that you see a family law attorney. I hope your personal injury attorney knows about the disability benefits protection issue - that is part of his/her job.

[For others seeing this post, the inquirer is adding to her...
View More

2 Answers | Asked in Divorce for Florida on
Q: In a divorce case would you advise a women who has been a stay at home wife/mom to get a job before filing for divorce.

Husband has owned a successful business and did not want wife to work, now that marriage is not working hes telling her to get a job and with holding money from her for basic living needs.

Pamela J. Fero
PREMIUM
Pamela J. Fero
answered on Oct 2, 2023

She can file for divorce and seek temporary spousal support until she can find work and support herself.

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: When anticipating divorce should a women who has been a stay at home wife/mother seek employment before filing

Husband owner his own business and never wanted wife to work. Hes now withholding money to basically control her.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

There are several relevant factors needed to properly answer your question. How long have you been married? How old are the children now? Did you work prior to having children? How old are you? Generally, moving forward, if you are able the court will expect you to work at something. You should... View More

1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for Florida on
Q: Is it permissible for my Husband and/or his Lawyer to call my Landlord?

With help from my family I was able to escape an extremely abusive marriage. I’ve been living alone, in hiding from my estranged Husband for the past two years while my lawyer has been working to overcome my Husband’s (& his Counsel’s) deliberate delays as well as both of them obstructing... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023

In Florida, it is typically permissible for your husband's lawyer to contact your landlord, especially if it is relevant to the ongoing legal proceedings. However, given your concerns about privacy and safety, it's important to take steps to protect yourself. First, discuss your concerns... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I bought a home 4 months before marriage I put 62k Down, and financial 86k. She’s not on Deep, how much is marital?

House value 185k, home paid off by insurance company 5 years later.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023

This is not a simple calculation. You can probably recover your non-marital down payment but the remaining equity would probably be divided in half as marital. One or both names on the deed does not change the legal analysis in a divorce. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Does my child's ssi that he recieves for his disability count as income?

I share 50/50 custody of my children with my ex in FL. My child has autism and receives ssi each month. My ex is the sole payee for this money. Does this count toward HER monthly net income when determining my child support payments?

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

SSI received by a child does not count as a parent's income; however, it is part of the child support calculation and should reduce your obligation. Speak with a local family lawyer for more specific advice.

3 Answers | Asked in Divorce, Immigration Law and Family Law for Florida on
Q: Should I file for my divorce first or VAWA green card?

I'm an immigrant married to a US citizen who will be filing for a VAWA green card. I was a victim of domestic abuse and I would like to divorce my spouse. During our marriage he was the main bread winner and I was the care taker at home. I could not work due to immigration reason but I have a... View More

Jamile Moraes Pellicer
Jamile Moraes Pellicer
answered on Sep 6, 2023

The decision of whether to file for divorce first or pursue a VAWA (Violence Against Women Act) self-petition for a green card depends on your individual circumstances and the facts of your case. It's essential to consider various factors before making a decision, and it's advisable to... View More

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: Court ordered sell of home, wife refuses to sign offers for sale. How to get back Infront of a judge? No lawyer!
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2023

You need to file a motion to enforce your agreement and get a hearing in front of the judge. You are not required to have a lawyer to do this. See if your local court/ clerk has a self help department. Otherwise speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: In a divorce from an abusive and violent alcoholic husband who hired a lawyer but i cannot afford one. What can i do?

We have two small toddlers together that he threatened to kill himself in front of and beat and attacked me in front of them

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2023

The law is that you have an equal opportunity to hire a lawyer. You may need to go to court to have your husband ordered to contribute to your attorney's fees. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How to set up child custody while married?

I am currently married but seperated and I would like to set up custody arrangements so that my spouse can see our child. If I do that before the divorce will that affect child support payments?

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023

The two parents can voluntarily enter into a parenting plan. As long as you both agree and sign then it is a binding contract between the two of you which can be used later if you divorce. Technically there is no child support due while you remain married. Once child support begins it will be based... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My ex spouse threatened to shoot me 2 years ago, and I'm wondering if there is a basis for a legal case

My ex spouse threatened to shoot me 2 years ago, and at first she denied that during my divorce hearing under oath, but during the next hearing, she confessed about it for the record.

She also previously filed 2 DCF cases and 1 domestic violence case against me, which were never proven.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 30, 2023

Theoretically, it could be a criminal assault case (if she threatened to shoot you at the same time she made the threat), or a criminal case for perjury, but I would doubt that the criminal authorities (either in Florida or in the military) would elect to prosecute. If by "a legal case",... View More

1 Answer | Asked in Family Law, Civil Litigation and Divorce for Florida on
Q: Is it illegal to deliberately delay a court ordered settlement payment.

I'm disabled and the ex-wife was ordered to divide the pension 50/50. She knows I need to retain an attorney in another matter and is deliberately delaying releasing the money until I lose my case.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2023

A well drafted agreement or order should have a deadline for payment. A delayed payment is not 'Illegal" but depending on when it was due, you can file a motion for enforcement and contempt. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: What happens if a divorce Request to Produce is not answered within the specified timeline?

This is for a Request to Produce after the initial filing.

John Michael Frick
John Michael Frick
answered on Aug 17, 2023

The party making the Request files a motion to compel.

1 Answer | Asked in Divorce for Florida on
Q: What happens if the information requested in a Request to Produce is not filed within the timeline specified?

This is for a Florida divorice case. This is for an updated financials request after the initial filing.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023

The next step is to file a Motion to Compel the response. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: In florida divorce proceedings. Does the whole mortgage payment get deducted from the equity of the marital home or just

The principal?

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023

For equitable distribution, you would subtract the outstanding mortgage balance (the payoff amount) from the fair market value (or selling price) of the house to calculate the equity. The starting point then is to divide that number in half. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: in 08 my x started dating the man she is still with in 08, i retuned in jun 09, she moved out in jul 09 with him.

we divorced in 2012. she collects a part of my military retirement. Just found out she will not marry him due to possibility of losing the retirement money from me. She has lived with him for over 14 years now. Are they considered legally married? I live in Tx and I do not know about this question... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2023

Florida does not recognize "common law marriage" so unless they actually get legally married it does not count. If your final judgment awarded her a portion of your retirement then she is entitled to it. Speak with a local family lawyer for more specific advice.

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.