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Florida Divorce Questions & Answers
0 Answers | Asked in Divorce for Florida on
Q: Is my lawyer required to provide me with the hearing notices? Is 3/4 to set the trial date or the actual trial?

Divorce case filed July, 2021. Outcome of mediation failure recorded 6/2022. 2022/2023 motions & hearings were withdrawn/cancelled. 2/6/2024 respondent told me there was a court date. Online records show 12/15/2023 "EP - AMENDED ORDER SETTING TRIAL WITH ZOOM INSTRUCTIONS JUDGE 3/4/24... View More

0 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi! My husband of 44 years and 8 months divorced me without letting me know and remarried. How long to contest it?

Also I bought a casa in a senior community and since I wasn’t at age I put the house in his name and me as wife. The house was a gift from a couple that I took care of until both died. Since this house now is my income after he left, I went to stay with my daughter and rented the house.

0 Answers | Asked in Divorce for Florida on
Q: During a marriage my then husband signed for a loan with GreenSky. I never signed the paperwork. Now we are divorce

Now divorced October 10, 2023 and GreenSky has charged off the loan, but court says I need to pay. What do I do? I did not sign for the loan.

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Do I have to have a separate room for my daughter in order to win custody. Currently temp time share. Want sleepovers.

I have a 4 year old daughter. I am currently going threw a divorce. my Divorce lawyer tells me that I have to get my own place. I live with my brother and I have my own room. I am on the lease now. I told my DL that I can give my daughter my room and I can set up the livingroom for myself. So it... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

You should believe what your attorney tells you; or get another attorney.

1 Answer | Asked in Divorce for Florida on
Q: Do I need to do anything else for my divorced to be valid in Florida? or am I considered legally single in Florida?

I divorced abroad and submitted my divorce translated, notarized and apostille to the recording department at the Plam beach county clerk office. Mutual agreement divorce and no Childrens involved.

Rand Scott Lieber
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answered on Feb 9, 2024

As long as you divorced legally wherever you were, with notice to the other party, then you are divorced. If you are concerned you should take your final judgment to a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: What’s next after petitioner denies my counter petition?

Petitioner filed for dissolution of marriage. Respondent answered and filed a counter petition. Petitioner answered with a general denial. What is next?

Rand Scott Lieber
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answered on Feb 5, 2024

Next is the exchange of mandatory disclosure. Read family rule 12.285 for the list of what is required. After the parties exchange the discovery (documents) then the court will probably order you to participate in mediation. Speak with a local family lawyer for more specific advice

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I file a motion for temporary support, time-share, and other relief with dependent or minor children?

Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More

Michael Ferrin
Michael Ferrin
answered on Feb 5, 2024

Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: my lawyer withdrew from my case the day after the judge denied relief . I was given no notice along with a stipulation

my lawyer withdrew from my case the day after the judge denied relief ,, There is has been lack of communication this whole time from I have felt left in the dark ,, Then to have them withdraw and filing a motion with courts saying I broke my employer contract and then another email was sent right... View More

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The most common reason for a lawyer to withdraw stating that a client has broken their contract is because the client failed to pay the lawyer's fees as agreed. This is a perfectly legitimate reason for a lawyer to withdraw.

While you can hire a new lawyer to represent you, expect to...
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0 Answers | Asked in Family Law, Divorce, Civil Litigation and Collections for Florida on
Q: What circumstances pierce FL retirement/homestead exemptions to collect a Family Law Money Judgment?

Plaintiff filed RFO because ex spouse took entirety of retirement accounts that were split 50-50 in CA divorce. CA Court Order stated Ex breached fiduciary duty and to pay plaintiff the dollar amount plus interest and legal fees. Order turned into a Judgment and domesticated in FL. It's a year... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: What do we do about residency and time-sharing while we are in the middle of a divorce?

My spouse served me with divorce papers after I put a temporary injunction on them. Currently I am occupying the marital home and have full time-sharing/custody of the children (due to temporary injunction). If I voluntarily dismiss the temporary injunction, will my spouse be able to come/go from... View More

Rand Scott Lieber
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answered on Feb 2, 2024

You need to address these issues with the judge that is handling your divorce case. If there are no court orders to the contrary than you continue to share the children and the house. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Florida on
Q: Am I responsible for the other parties attorney fees if I voluntarily dismiss the temporary injunction I placed on them?

I put a temporary injunction on my spouse and they hired an attorney before the hearing. If I decide to voluntarily dismiss the temporary injunction prior to the hearing, will I be responsible for their attorney fees?

Rand Scott Lieber
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answered on Feb 2, 2024

Generally speaking each party is responsible for their own fees in an injunction hearing. You have an absolute right to dismiss your petition. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: 34 year marriage. Defense attorney husband left me for a criminal defendent he began an affair with.

Do I have any additional rights to alimony or other support (health insurance coverage, etc.) considering he filed to leave our marriage for his criminal mistress?

Rand Scott Lieber
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answered on Jan 26, 2024

Based on Florida law, you are probably entitled to alimony based on the length of marriage and disparity in income. The fact that he cheated does not have a direct impact on your alimony claim. If he spent marital funds on the affair you can seek to have half of that money credited to you. Speak... View More

1 Answer | Asked in Divorce and Animal / Dog Law for Florida on
Q: Is there any precedent or possibility of receiving financial support for the maintenance of domestic pets?

My spouse left me with 28 animals (cats and dogs) and is not in a position to take any of them. Many of them will live for another 10+ years. The cost of maintaining them is about one third of my monthly income.

We do not have any shared property, assets, or children. It should be a very... View More

Rand Scott Lieber
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answered on Jan 23, 2024

In Florida pets are considered property. The court could order that the animals be divided 50/50 between the two of you but there will be no financial support.

1 Answer | Asked in Consumer Law, Banking, Divorce and Family Law for Florida on
Q: I had a settlement claim the bank let me deposit it and said it was ok then refused to give it back to me

It was supposed to be made out too separate checks me and the child support division but instead made one check co payable to both i deposited it after asking about it the teller said no problem and they released 200 to me and said it would be released the next day instead they froze my account and... View More

Angelo "Tony" Marino Jr.
PREMIUM
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answered on Jan 20, 2024

Based on your narrative, it is difficult to know exactly what happened and what the check was for. This money seems to come from some domestic matter in Oregon. I suggest you talk to your divorce lawyer or see one to determine what the law is when a check is sent for apparently child support and... View More

1 Answer | Asked in Divorce for Florida on
Q: How can I divorce my husband if I don't know where he is or even what country? He has been gone since 2002.

All I know is he he left this country to return to his native country but I have no idea whether he is even there anymore. He has not been in contact with me.

Rand Scott Lieber
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answered on Jan 18, 2024

This is called a divorce by publication. You can try to do it yourself if your local court has a self help section. Otherwise speak with a local family lawyer who can give you more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Is alimony in FL calculated on net income of a business if self employed or income tax return after itemized deductions?

So my husband wants me to sign a separation agreement in the meantime before going through the process of divorce but the problem is that his income the past year was just half the amount of what he will be making this coming year since he just have this business opened for the last 6 months. So if... View More

Rand Scott Lieber
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answered on Jan 17, 2024

Most important, do not sign anything without speaking with a local family lawyer. Child support is always modifiable until the child turns eighteen. Alimony on the other hand can be modifiable or non-modifiable. Equitable distribution means the division of the marital assets and liabilities. A... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My husband and I are separated and going through a divorce, and i do not think our daughter is safe with him. What do i
Rand Scott Lieber
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answered on Jan 16, 2024

If the divorce is already filed then you can file a motion expressing your concerns. You must justify your concerns to the judge. The legal standard is what is in the best interest of the child. You must also schedule your motion for a hearing. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: In Florida, if the husband owned a residence and paid it off twenty four years prior to marriage, what portion is due

the wife if the title to the property was never placed in her name ?

Rand Scott Lieber
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answered on Jan 11, 2024

Assuming that the two of you lived together in the house during the intact marriage, you would need to establish the value of the house on the date of marriage and another value for the date of division. As a starting point, each party would be entitled to half of the change in value during the... View More

1 Answer | Asked in Divorce, Family Law and Collections for Florida on
Q: Is a Judgment for ex to pay back misappropiated retirement benefits qualify as 'court ordered victim restitution'?

In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).

Is a CA Family Law Court Order / Judgment for stolen retirement benefits... View More

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

No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.

By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added...
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1 Answer | Asked in Divorce for Florida on
Q: Do the original children of a divorced father who later remarried a divorcee with children of her own at the time have a

Legal right to review the estate provisions of his revocable trust?

Rand Scott Lieber
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answered on Jan 9, 2024

Generally speaking, no heir has any rights until the "father" passes away. If there is an issue of incapacity with the father (unable to make decisions for himself) then you should consult an estate lawyer for more specific advice.

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