Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Florida on
Q: Divorce q - Are all investments owned prior to marriage but since sold then re-invested considered marital assets?

I have been married for 7 years and likely filing for divorce. We have a 3 year old. My wife has not worked during this entire time. I handle all finances, though we keep separate accounts. I owned significant financial assets prior to the marriage (retired shortly prior) and have since actively... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 9, 2024

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

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: I’m in final dissolution of marriage and I only have assets in retirement. Spouse hasent worked in the last 2 decades.

I have only retirement left to my name I assets. I am currently unemployed. And in need of my options from here.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 4, 2024

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.

1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Florida on
Q: First of all my soon to be ex wife filed for child support in Santa Rosa county on 2-17-2023 then turned around and file

Filed a domestic violence injunction in Pinellas county on 2-22-2023 ( she don't live in Santa Rosa county neither do I ever. Then on 12-07-2023 filed for divorce in pinellas county, the day after I filed my answer to the divorce she filed violations of the injunction she says happened feb 3 ,... View More

Garrick Neal Fox
Garrick Neal Fox
answered on Oct 2, 2024

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.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My estranged husband has been sending harassing messages.

I've been separated from my estranged husband since December 2023. I tried to get the divorce earlier in 2024 but he refused to sign the paperwork out of spite; I paid for everything and only wanted his signature. He is an angry, abusive, and hateful alcoholic. After receiving harassing and... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 30, 2024

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

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can my soon to be ex-wife get child support in a county neither one of us ever lived in and still don't live in and have

a on going divorce case in a total different county?

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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How do I fill out a financial affidavit in a FL child support divorce case if I am unemployed (stay at home mother)

The husband is also unemployed.

Paul Michael McDermott
Paul Michael McDermott
answered on Sep 26, 2024

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.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: I am going through a divorce, I bought myself a car and he is trying to take it for alimony. Can he do that?

He left 6 yrs ago he has been fighting child support in courts haven’t finalized divorce.

Paul Michael McDermott
Paul Michael McDermott
answered on Sep 26, 2024

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

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: Hello do you help in getting a name removed from a mortgage after a divorce?

My other half got divorced this year, he did a quit claim deed to remove his name from the house they owned, his name is still on the mortgage and a solar panel, he has asked her several times to remove his name and also sent a request to the mortgage co. and nothing has been done to date, this is... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 19, 2024

No, removing him "from the mortgage", even if possible, would not affect his obligations under the mortgage note and thus would not positively affect his credit.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: How do I know if I am actually divorced?

I got married in Florida in July 2005 after knowing my exhusband for only three months. After we were married I learned he is a criminal, has mental issues, and he became very abusive. He spent the majority of our marriage in and out of Jail & mental hospitals. I left multiple times but he... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 12, 2024

You may want to hire a private investigator for this. If the divorce happened in Florida then you should be able to find a record of it. If it in fact never happened then you can file a divorce now. In the final judgment you will need to include that he has no legal rights to any of your property.... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Husband removed all my access to funds/credit, can't afford my divorce atty & don't qualify for aid. What are my options

Husband contacted the bank after I used my credit card to pay attorney and he told the bank those charges were fraudulent when he knows they were not. He also drained most of the joint account and opened an account only in his name. He said he would do whatever is necessary to keep me from... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 12, 2024

You or your attorney can file a motion for temporary relief asking for attorney's fees to be paid by your husband or from marital funds controlled by your husband. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Florida on
Q: I am about to conclude my divorce but am insecure about accepting a $50k lump-sum because of my future.

I am 52 years old with 3 kids. I came to the US after marrying my husband 27 years ago in Europe, where I lived. He has a very high income and stability because he is in the tech industry. I was a stay-at-home mom for 10 years then part-time worker. Now working in administrative role for an Italian... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 7, 2024

Your question requires a more detailed financial analysis. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is there any laws for default jurisdiction?

My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.

I dismissed her because we weren’t in... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

Every state has a jurisdiction requirement for filing lawsuits. In Florida (and many other states), in order to file for divorce one party has to have lived in the state for at least six months. Wherever you decide to file, you must meet the jurisdiction requirements. Speak with a local family... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My wife and I separated. She stayed in the home with our grown daughter and her kids. Wife has moved to PA.

Can I move back into the house

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 5, 2024

If you both own the home then you have equal rights to the home. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is a default judgement bad for the plaintiff in a divorce case?

I’m getting divorced and my ex wife and me may or may not have a kid together. I’m here in Florida and she moved to Tennessee and she refuses to do a DNA test or respond to my attorney. She’s been served and her 20 day response time expired 2 months ago. I’ve paid for mediation but the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 2, 2024

The answer to your question depends on what relief you are seeking. If you just want to get divorced then a default can help end the case. If there is a child involved then the court cannot rule on children's issues with a default so those issues are reserved, but you still get divorced. If... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: We both have I junctions against each other I filed for temp support will I get it and possession of the house.

I also have filed for divorce, will I be denied temp support I am on street with no money or anywhere to turn

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 1, 2024

An award of temporary support is based on financial need and ability to pay. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can my Seperated wife and boyfriend take my cars and come into my new apartment

The police said it was legal for her to do so, but not legal for me to enter her home or take her car

Garrick Neal Fox
Garrick Neal Fox
answered on Aug 31, 2024

If the apartment and the car are titled in your name, then they have no right to enter your apartment.

View More Answers

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Florida on
Q: My wife and I are getting a divorce she's making me high a second mortgage that's for her in what I agreef to pay her.
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 7, 2024

I would not be doing anything without a conversation with a family law/divorce attorney, that said, I would not give her anything until and unless you get it in writing that this is a post-nuptial complete agreement or similar, last thing you want is to pay out per agreement and find out soon... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I am getting divorced and my ex started a business with a partner in 2020.

I joined the business and worked for over a year. When my husband wanted a divorce, he told me not to come back to work. Am I entitled to a portion of the business? He left me destitute with no job.

Pamela J. Fero
Pamela J. Fero
answered on Aug 13, 2024

Generally, any asset acquired or enhanced during the marriage, including businesses, is considered marital property. The business you and your husband started or worked for during the marriage is likely considered a marital asset if it was started or significantly grown during the marriage. The... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi my ex spouse continues to violate our agreement, Do I have to open a new case? or can I file under the old case?

We have not been in court in some time

Pamela J. Fero
Pamela J. Fero
answered on Aug 7, 2024

If your ex-spouse is violating a court-ordered agreement, such as a custody, visitation, or support order, you generally do not need to open a new case. Instead, you can file a motion or petition to address the violations within the existing case. Depending on the nature of the violations, you may... View More

View More Answers

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can I be required to provide transportation to and from school for my child during his mothers custody time
Pamela J. Fero
Pamela J. Fero
answered on Jul 30, 2024

Carefully read through your current custody agreement or parenting plan. It may already include provisions regarding transportation responsibilities. Speak with the other parent to discuss and negotiate transportation arrangements. Sometimes, an amicable agreement can be reached without going to... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.