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Florida Divorce Questions & Answers
4 Answers | Asked in Divorce, Family Law, Social Security and Public Benefits for Florida on
Q: Can I modify or reinstate alimony after pension buyout and remarriage?

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

Ira Markowitz
Ira Markowitz
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.

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Can my spouse claim ownership of my pre-marital house bought in cash in Florida?

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

Rand Scott Lieber
Rand Scott Lieber
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.

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2 Answers | Asked in Divorce, Family Law and Contracts for Florida on
Q: Ex-wife did not file QDRO for pension. What action needed?

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

Rand Scott Lieber
Rand Scott Lieber
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.

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3 Answers | Asked in Domestic Violence, Divorce and Family Law for Florida on
Q: What steps for confronting cheating husband safely and legal protection?

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

Rand Scott Lieber
Rand Scott Lieber
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

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2 Answers | Asked in Divorce, Child Custody, Arbitration / Mediation Law and Family Law for Florida on
Q: Seeking legal penalties for co-parent violating supervised visitation terms due to substance abuse and mental illness.

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

Rand Scott Lieber
Rand Scott Lieber
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

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1 Answer | Asked in Family Law, Domestic Violence and Divorce for Florida on
Q: Seeking family law help in Crestview, FL for divorce and injunction related to felony case.

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

James L. Arrasmith
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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...
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3 Answers | Asked in Bankruptcy, Divorce, Business Law and Family Law for Florida on
Q: Can I be sued for ex-wife's car repossession after she filed bankruptcy?

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

Mr Eric Klein
Mr Eric Klein
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!

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4 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

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

Rand Scott Lieber
Rand Scott Lieber
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

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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Florida on
Q: Seeking pro bono legal assistance for high-conflict divorce with DV issues in Palm Beach County, while residing in Broward County; urgent hearing on April 5th and trial in June.

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

James L. Arrasmith
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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

5 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Am I entitled to half the proceeds from a house bought during marriage if not on the deed?

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

Rand Scott Lieber
Rand Scott Lieber
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

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2 Answers | Asked in Divorce, Child Support and Tax Law for Florida on
Q: Can I refuse to sign Form 8332 and claim both kids as custodial parent?

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

Rand Scott Lieber
Rand Scott Lieber
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

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2 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Can I force the sale of a joint property in Florida during a pending divorce?

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

Phillip William Gunthert
Phillip William Gunthert
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

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1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: Can a non-resident petition for divorce in FL with property involved?

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

Michael Ferrin
Michael Ferrin
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.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Clarification on divorce filing location requirements between Florida and Georgia.

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

Rand Scott Lieber
Rand Scott Lieber
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

2 Answers | Asked in Divorce and Landlord - Tenant for Florida on
Q: Why is there a motion to vacate in my uncontested divorce in FL?

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

Mr Eric Klein
Mr Eric Klein
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

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1 Answer | Asked in Divorce, Family Law and Contracts for Florida on
Q: Can I terminate alimony if ex-spouse is working full-time?

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

Rand Scott Lieber
Rand Scott Lieber
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

3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Is my parents' house a marital asset in my divorce?

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

Kunal Mirchandani
Kunal Mirchandani
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

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: What does lack of jurisdiction over financial issues mean in a divorce?

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?

Rand Scott Lieber
Rand Scott Lieber
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.

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1 Answer | Asked in Divorce for Florida on
Q: I would like to file for divorce but I don’t have money right now since I’m a stay home mom

I want to know where should I start and how the process would be with two houses under our marriage and two small children

Rand Scott Lieber
Rand Scott Lieber
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

1 Answer | Asked in Divorce, Real Estate Law and Contracts for Florida on
Q: Can a prenup replace spousal waiver for a home purchase during divorce in FL?

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

Rand Scott Lieber
Rand Scott Lieber
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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