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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

If the business was created during the marriage and were living together, it is a marital business. She gets on half.

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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.

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

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.

No. So long as your spouse does not comingle the inheritance with any marital property, an inheritance is non-marital.

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

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

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.

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

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.

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.

The starting point for equitable distribution is 50/50. However, if you are able to establish the value of the assets on the date of marriage then you can argue that the premarital value should be subtracted off and that only the increase from the date of marriage forward should be divided 50/50.... View More

Not clear what your question is. If the retirement assets were accrued during the marriage then your spouse is entitled to half of the value. Depending on your age, health and other factors both parties may be expected to work by the court. Speak with a local family lawyer for more specific advice.

Sounds like you have a mess on your hands. You need a very good divorce attorney to sort this out. If there is a warrant for your arrest, that needs to be cleared first.

If you have filed for divorce then you have been assigned a judge. Schedule a hearing with the judge and explain what is happening. You may need to file a motion. It can be handwritten explaining why you want the hearing. Judges have a judicial assistant who you may be able to call on the phone for... View More

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answered on Sep 27, 2024

No, child support should typically be filed and handled in the jurisdiction where the child resides or where the ongoing divorce case is already being handled. If your divorce case is ongoing in a different county, it's likely that the same county would handle matters related to child support.... View More

Just check the box that says "unemployed" and mark "0" on the income section. You can still complete the expenses, assets, and liabilities portion of the form.

Probably not. In a Florida divorce, typically the asset (car) division is handled first and then the issue of alimony is addressed. Also, if you purchased the car after the filing date, then it would be considered your separate, non-marital property. Sounds like you need a lawyer to finalize your... View More