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I divorced in 2009 and was awarded periodic alimony of $800 per month. Later, my ex-husband took a pension buyout, and we both received a portion. He stopped paying alimony, and I mistakenly believed the obligation ended with the buyout. I remarried in 2017, divorced a year later, and recently... View More

answered on Apr 13, 2025
Was the award of permanent periodic alimony after trial or was per a Marital Settlement Agreement? If it was an MSA it would depend on the wording whether your remarriage ended your entitlement to receive the alimony beyond the date of your remarriage.
I own a house outright in Okaloosa County, Florida, which was purchased and paid for entirely with cash before my marriage. My spouse's name is not on the property, and she has not contributed financially or made any improvements to it. Additionally, we do not have any prenuptial or... View More

answered on Apr 10, 2025
As long as you have not expended any marital effort or money on the property then it remains your nonmarital asset. Speak with a local family attorney for more specific advice.
My ex-wife was responsible for filing a QDRO with the Florida Retirement System for her share of my pension, as specified in our divorce finalized on April 29, 2004. Despite reminding her in October 2024, she has yet to file it. I'm unsure if there was a deadline for this task. There have been... View More

answered on Apr 9, 2025
If the court order is clear that it is her obligation to prepare the QDRO then you do not have to do anything. Your only obligation is to cooperate if and when she contacts you. Speak with a local family lawyer for more specific advice.
I recently discovered that my husband is cheating on me. I have not confronted him about it yet, and I'm concerned about my physical safety if I do. We haven't discussed divorce, but I have substantial evidence of his infidelity. I have family support at the moment. What steps can I take... View More

answered on Apr 7, 2025
Your only legal recourse regarding infidelity is to recover half of any money that is spent on the affair. You first need to decide if you will pursue a divorce or not. If yes, go see a local family attorney. If no, go see a local therapist who can help you, or both of you, moving forward. Speak... View More
In my divorce procedure, the co-parent has repeatedly violated the terms of supervised visitation by either canceling without prior notice or leaving early. The visits were scheduled to occur every other weekend for 2 hours, as reinstated in a mediation order. There are underlying concerns of... View More

answered on Apr 7, 2025
I am not clear on what can backfire. You should file your motion detailing your concerns. Although you can make suggestions it is the judge who will determine what the appropriate sanctions are. Make sure that you have objective evidence to support your allegations. Speak with a local family lawyer... View More
I am seeking family law help for my son in Crestview, Florida. He needs assistance with a divorce and dealing with a temporary injunction that is connected to his felony domestic violence case. He currently has a public defender appointed for the felony case. In addition, there is one minor child... View More

answered on Apr 13, 2025
I'm sorry to hear about the challenges your son is facing. Navigating legal issues involving both criminal and family law can be complex, but there are resources in Crestview, Florida, that may assist you.
**Legal Aid Organizations:**
- **Legal Services of North Florida... View More
I received a letter stating that a car is being repossessed. My ex-wife has the car and was supposed to refinance the loan in her name after our mutual agreement during a simple divorce, but she did not do so. We did not sign any formal transfer documents. I contacted the lender explaining that I... View More

answered on Mar 26, 2025
First, the lender has the right and will probably sue you for any deficiency in the loan once the car is repossessed and sold at auction. The bankruptcy will only protect her, not you. She has the option of surrendering or keeping the car by paying off the car loan, her choice. Good luck!
I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

answered on Mar 26, 2025
Since you are married, it would be better to file a divorce case so that you have the court to back you up. Currently, by virtue of being married, you both have a right to the property so there is no legal basis to put him out or remove his belongings. Speak with a local family lawyer for more... View More
I am involved in a high-conflict divorce with domestic violence issues in Palm Beach County, though I have moved to Broward County. I've called numerous legal aid organizations, including Palm Beach Legal Aid, Broward Legal Aid, Rural Legal Aid, and various law firms, seeking pro bono... View More

answered on Apr 13, 2025
It sounds like you're going through a very challenging time, and securing legal help is crucial, especially with a hearing and trial coming up. Since you've already reached out to several legal aid organizations, you might want to consider contacting local law school clinics in both Palm... View More
I am still legally married but have been separated from my husband for 4 years. We have not signed any agreements regarding our house, which was purchased during our marriage. I am not on the deed, and I plan to file for divorce this year. I need to know if I am entitled to receive half of the... View More

answered on Mar 18, 2025
The answer to your question is not that simple. In a divorce the starting point for division of property is 50/50. However, there are many factors that can change that. For example, since you have been separated for four years I am assuming that you have not paid anything towards the house for the... View More
I am in Florida and got divorced in 2019. My ex-husband and I have two children, and I have them 80% of the time since he lives in a different city from where they attend school. Our divorce agreement allows him to claim one child on his taxes. He recently hired a CPA who requires me to sign Form... View More

answered on Mar 18, 2025
If your agreement says that he can claim one child then you should just sign the form. You will lose this issue in court. You will create even more trouble if you claim both children on your taxes. If you want to change things based on new circumstances then you must return to court on a... View More
I am currently going through a divorce that was filed in Canada, and we jointly own a property in Florida. The property is held in joint tenancy, and my spouse has been residing there for the past three months while I am in Canada. There are no existing agreements or court orders regarding the... View More

answered on Mar 10, 2025
To a certain degree it will surely depend on what you divorce decree states, I would encourage that you reach an amicable resolution and compromise as it relates to the property (buyout, refinance or agree to sell the property0, if none of that can be attained, then you will be stuck with a... View More
I am a non-resident of Florida attempting to petition for divorce from my spouse who has lived in Florida for less than 6 months and refuses to acknowledge the divorce. We have no children, but there is a jointly owned house in West Palm Beach, Florida. I have initiated the divorce process in... View More

answered on Mar 10, 2025
You can file in Florida but not until she has been in Florida for at least 6 months. You can try and file it sooner than the 6 months if there would be no other jurisdiction that could address the divorce, but to be safe you would want to wait the 6 months if you can.
I moved from Florida to Smyrna, Georgia, six months ago, while my spouse continues to reside in Florida. I tried to file for divorce in Georgia, but was informed that I might need to file in Florida, despite not residing there. I'm unclear on the residency requirements and why my filing might... View More

answered on Mar 7, 2025
You do not mention if there is any real property (house) to divide or if there are any children. If the answer to those questions is no then you should be able to file in Georgia if you meet the residency requirement (usually 6 months). Otherwise, speak with a local family lawyer about the... View More
I filed an uncontested divorce with my spouse. We have no children, and my husband signed a waiver stating he will receive no assets. I have inherited a home and a car. Recently, a motion to vacate was filed by another party with a general magistrate. The motion was filed on February 27, 2025, and... View More

answered on Mar 6, 2025
It sounds as if once you’re former spouse found out about the inheritance, they hired a lawyer to vacate the final judgment and make a play towards that inheritance. They’re probably claiming some type of fraud on your part. However, an inheritance is not subject to equitable distribution, so I... View More
I was divorced by mutual agreement in October 2023 and agreed to pay alimony for three years. I am also responsible for all marital debt since I signed all the loans, including a $10,000 consolidation loan, resulting in an extra $150 monthly payment. The alimony agreement doesn't specify... View More

answered on Mar 3, 2025
Generally speaking, alimony os modifiable unless your agreement says otherwise. Yes, you can file a modification without an attorney. You need to compare the income numbers that were used to calculate the original alimony award versus what the income numbers are now to see if you have a valid... View More
In 2007, my parents used a quit claim deed for $10 to add my name to their house to allow me to obtain builder permits for construction. I have no financial investment in the property. I'm now going through a divorce after being married for 27 years. My name was added to the house deed 10... View More

answered on Feb 27, 2025
In divorce proceedings, courts generally presume that assets acquired during the marriage are marital unless proven otherwise. Your spouse could argue that your name on the deed represents an ownership interest and that any appreciation in value during the marriage should be divided. However, a... View More
In my divorce case, I received a statement saying, "The court lacks jurisdiction to determine any financial issues," specifically regarding the division of assets. What does this mean for my case?

answered on Feb 26, 2025
It means that there is another court that has jurisdiction over the financial issues. Did you come from a different location than the court where you are appearing? Speak with a local family lawyer for more specific advice.
I want to know where should I start and how the process would be with two houses under our marriage and two small children

answered on Feb 26, 2025
Generally speaking, all of your marital assets and liabilities will be divided in half, including the houses. Regarding the children, you will enter into a parenting plan which will define all rights and responsibilities regarding the children. If you have been married long enough you can ask for... View More
I have filed for divorce in Florida along with a settlement agreement, and I am in the process of purchasing a house. However, the title company is requiring my ex-spouse to sign a waiver for me to purchase the house as my homestead, since our divorce is not yet finalized. I have a prenuptial... View More

answered on Feb 25, 2025
You need to have your spouse sign the document because of the title insurance. There is no questioning the prenup's validity but for real estate purposes the form is required.
Speak with a local real estate lawyer for more specific advice.
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