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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: I am currently going through a divorce and I recently signed a quit claim deed for my marital home.

My husband now wants me to sign a homestead exemption form but I’ve read that if I’m not on the deed, I should not sign it. Can you offer any insight into this?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 5, 2025

I am not clear why you signed the quit claim deed. Was that part of your settlement with your husband? Was it part of a written agreement? I would not sign anything further without having a consultation with a local family lawyer. You may be giving things up that yo have a right to a share of.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I sell possessions to pay bills because no money is being given to support the kids

My future ex husband hasnt given me any money to support his kids and I am currently looking for work and hes working. Can i sell item in the home to help support my kids till the dissolvement of marriage.

Kunal Mirchandani
Kunal Mirchandani
answered on Jan 29, 2025

I'm sorry to hear you're going through this tough situation. In general, if you're in the process of divorce and trying to support your kids, it's important to know your legal rights. As for selling items in the home, technically, it depends on whether the property is considered... View More

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2 Answers | Asked in Contracts, Criminal Law, Divorce and Family Law for Florida on
Q: In Fl, can a notory notorize her live in boyfriend's divorce papers that she filled out, paidthefeefor,and turns in 4him

My soon to be ex husbands live in girlfriend (who is also the notory) filled out dissolution of marriage packet(handwritten,not typed), notorized, turned in to be filed, AND paid the filing fee. All he did was sign, she did everything else. She also put the wrong date FOR date of marriage, plus the... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 24, 2025

In Fla., an unmarried significant other is permitted to notarize their partner's signature unless the notary has a financial interest in or is a party to the underlying transaction. Being a notary does NOT give him/her the right to represent her partner - only a lawyer can lawfully do that.... View More

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1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Florida on
Q: have.1 domastic violance and I put on him restrain order ,2. my hasband ask for divorce . which lawyer will be best
Pamela J. Fero
Pamela J. Fero
answered on Jan 23, 2025

Speak with a family law attorney in your area.

3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Florida on
Q: I’m going through a divorce after 15 years of marriage, and I have some questions about how to navigate it.

Custody and Support:

We’ve agreed on 50/50 custody of our 14-year-old son, with him living with me during the week and alternating weekends. My husband offered $150/week in child support directly to our son and will cover health insurance and extracurriculars. Is this acceptable?... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Jan 20, 2025

While the timesharing arrangement proposed appears to be in your best interest, a critical review of the financial distribution plan is essential. At this juncture, it's impossible to ascertain whether the proposed financial settlement is equitable. A complete and transparent disclosure of all... View More

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1 Answer | Asked in Divorce, Family Law and Probate for Florida on
Q: Clarification Needed on Pension Judgment and Estate

I successfully obtained a court judgment that entitles me to receive a specific portion of my ex-husband's pension. However, he recently passed away before I was able to collect the full amount awarded to me.

Given this situation, I would like to know if it is possible for me to... View More

Pamela J. Fero
Pamela J. Fero
answered on Jan 23, 2025

You will likely need to file a claim against your ex-husband's estate in probate court to collect the remaining pension benefits. You can do this by contacting the Probate Court, submitting a claim within the statutory period allowed for creditors after the estate is opened, and providing... View More

3 Answers | Asked in Divorce for Florida on
Q: I want to find a lawyer for my divorce and pay when we win. Is it possible? How to find this lawyer if possible?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 3, 2025

No. Attorneys are not allowed to charge a "contingent fee" for cases "... in a domestic relations matter, the

payment or amount of which is contingent on the securing of a divorce or on the amount of alimony or support, or property settlement in lieu thereof ...".

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Question on financial compensation

I have been married 3 years. Never really lived with my husband due to a multitude of lies & excuses however, during our marriage, he has officially lived with two different women and had children with these women and has used his money earned from his job to support these households -... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2025

There is a legal concept called dissipation of marital assets. It may be possible for you to recover half of what he spent on non-marital expenses such as other women, cars, etc. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: I have a car in both my name and my wifes name. If i sell this Vehicle are there any Issues? its her main transportatio.
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 2, 2025

You don’t say if there is a pending divorce case. Legally the car belongs to both of you. In fact, you may need both signatures to sell the car. You should speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: Is there a way for a judge to order spousal benefits from the Jacksonville police and fire pension fund
Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2024

If you have a marital settlement agreement or other court order that says that you are entitled to something then you can go back to the judge to enforce that agreement. 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: 2 yrs ago my wife filled in NJ, we both now live in Florida-case still open. Is FL or NJ better for child support?

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?

Rand Scott Lieber
Rand Scott Lieber
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

2 Answers | Asked in Divorce for Florida on
Q: How to deliver indexed notebook for final divorce hearing to judge?

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!

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 10, 2024

Take it to the courthouse. Each judge has a mail box.

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Judge asked for an indexed trial exhibit notebook before my final divorce hearing, can this be a word doc with photos?

Can someone explain what this is and if I can't create a word doc, what format is the court looking for?

Thank you

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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....
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1 Answer | Asked in Divorce for Florida on
Q: My wife filled a divorce while I was in rehab and now we are together is there away to reverse or cancel the divorce?
Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Divorce for Florida on
Q: I am divorced, and my name is on the lease of the apartment my x lives with kids, can i still enter the property

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

Mr Eric Klein
Mr Eric Klein
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

1 Answer | Asked in Bankruptcy and Divorce for Florida on
Q: Is my ex wife liable for repayment of money spent from a settlement that was part of a bankruptcy estate?

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

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Divorce and Family Law for Florida on
Q: If I open a business w/o my wife's assistance, is she entitled to ownership in a divorce?

My salary is $110k. Hers is $135k. We have three kids.

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Divorce for Florida on
Q: Pretrial hearing in FL for divorce, do I have to submit form M-2010-23-G or just pretrial statement attachments

I ask because it's a 36 page form

Garrick Neal Fox
Garrick Neal Fox
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.

1 Answer | Asked in Divorce for Florida on
Q: Pretrial divorce hearing in FL, do witness statements have to be submitted or just witness list, prior to actual hearing

Paperwork to be submitted 10 days prior to court date, not sure if the statements are part of that or just the witness list.

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Divorce for Florida on
Q: Pretrial statement for divorce hearing in Florida, do I only fill out court form or also submit written statement?

No alimony or custody, this is regarding marital assets only

Rand Scott Lieber
Rand Scott Lieber
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

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