Get free answers to your Divorce legal questions from lawyers in your area.
answered on Jul 25, 2024
If she is to be awarded one of the cars, the divorce decree should provide that she makes the payments. In any case, if the payments are not made, the car would be subject to repossession.
answered on Jul 18, 2024
In Florida, the division of assets during a divorce is subject to the principle of "equitable distribution." This means that marital assets and liabilities must be divided fairly, though not necessarily equally. Whether your spouse is entitled to a portion of your 401k depends on whether... View More
We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?
answered on Jul 11, 2024
It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More
Good morning. In the state of Florida if i need to separate from my husband and he makes more than twice what I make,
can there be a legal separation agreement that will provide me with support for living expenses until the divorce can be processed and finalized?
answered on Jun 25, 2024
There is no legal separation in the State of Florida. If you wish to seek support from your Husband without filing a petition for divorce then you would file a Petition for support unconnected with a dissolution of marriage and request alimony/support. The process is every similar to a dissolution... View More
My question relates to the financial affidavit and related documents. Do I have to provide my husband all bank statements, credit card statements, tax returns for the past three years even though he never even sent an answer to the original petition after being served? I don't understand why... View More
answered on Jun 25, 2024
If you are requesting any financial relief from the court then pursuant to Florida Family Law Rule of Procedure 12.285, there are specific documents that must be provided to the opposing party and a Certificate of Compliance with Mandatory Disclosure must be filed with the court.
answered on Jun 21, 2024
You give the title company a copy of the divorce decree by which your maiden-name was restored.
My husband is calling me names and trying to make me miserable while we are living together being very mean saying he should of bashed my head in and calling me bad names he says he is going to make me miserable until I leave:he thinks if I leave he is going to get me for abandoned the home so... View More
answered on Jun 18, 2024
You can leave the home without affecting any marital rights you may have in the home other than possession and access. Once you leave the home and the divorce is filed, you will not be able to return to the home unless you have a court order or an agreement between you and your husband. Also, if... View More
Sons dad resides in NY. My son & I reside in FL (son was born here) Sons dad has accused me of parental alienation since the birth of our child. He has always had a phone # to contact me & address. Ex has seen our 8 y/o son twice since he was born in 2015. I brought our son to NY in 2019... View More
answered on Jun 16, 2024
The legal standard in Florida is what is in the best interest of the child. If a parent has been absent for an extended period the court is not going to thrust them together. Reunification is possible but can be a lengthy process. Speak with a local family lawyer for more specific advice.
He recd $4 mill sttlmnt 4 years ago, left me for other lady and came back weeks later. Now he sees her again but won't move out. Runs up our bills and refuses to give a penny. Very volatile situation which local cops know about.
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answered on Jun 10, 2024
Are the bills "our bills" or his bills and your bills? You are not responsible for his bills.
If you want him out, and the residence belongs to you, simply evict him.
Brief overview:
* I am the petitioner / applicant - I filed the petition to divorce Oct 2023 in west palm beach county
* The case was badly managed, various delays / I was badly represented by my US attorneys. I am no longer represented.
* She filed a counter petition... View More
answered on Jun 6, 2024
This may be a question for an Australian lawyer regarding filing there. As far as Florida goes, you can request a case management conference (status conference) with the judge. Look online for the judge's division procedures for scheduling instructions. You have the power to unilaterally... View More
JAWS appears to be only for attorneys. I have filed two motions that I want to bring in front of the court.
answered on Jun 3, 2024
Look up the division procedures for your judge online. There should be instructions on how to request and schedule a hearing. There should also be a phone number and/or email for the judicial assistant. That is the person with whom you need to communicate. Speak with a local family attorney for... View More
He’s a narcissist and am fearful of being alone.
I have to pack and will need assistance from my son
He can keep the furniture but would like half of the $
answered on Jun 3, 2024
You say that you are already divorced. You will need to read the divorce decree carefully. It should say how your property was divided, regardless of where it is located. Speak with a local family lawyer for more specific advice.
Supervised visitation of my 2 year old son. When I complete BIP and get off probation, Does that qualify as a change of circumstance and allow me to modify the injunction to request unsupervised custody of my son at my home? No family case at the moment. We are still married. Divorce has not been... View More
answered on May 31, 2024
You can always file a motion to modify the conditions of the injunction. You do not mention if there is also a family case. You may be able to modify sooner than the end of your program and probation. Speak with a local family lawyer for more specific advice.
Marriied in the usa and at a catholic church overseas. marriage recorded in the foreign country.
if i divorce in the foreign country will i be also divorced in the united states
answered on May 30, 2024
As long as the overseas divorce is legal where it takes place then the US will also recognize the divorce. Make sure that you notify the other party of the proceedings. If your intention is to divorce without your spouse being aware of the proceedings then that can create a problem. Speak with a... View More
Nothing in the divorce agreement says anything about belongings but she sent an email 14 months ago stating what furniture she wanted and I replied looks good. Does she have any rights to her stuff since it's been so long.
answered on May 28, 2024
You are both bound by whatever your settlement agreement says. Normally there is a clause that says each party keeps whatever is remaining in their possession. Read the agreement carefully and speak with a local family lawyer for more specific advice.
My husband chose to refinance but insists I have to share the cost . Since the house will now be in his name , why would I be responsible for his costs?
answered on May 27, 2024
Unless the marital settlement agreement is clear that you need to share in the refinance costs, it is not your responsibility to pay them. Speak with a local family lawyer for more specific advice.
answered on May 22, 2024
You can dismiss your attorney at any time; however, there is no guarantee that the trial will be continued for that reason. So either have another attorney ready for the trial or be prepared to conduct the trial yourself. Speak with a local family lawyer for more specific advice.
Asset division states; Husband has a Delta 401K. The parties agree to equally divide the marital portion of the Delta 401k via QDRO. The parties shall equally bear the cost of preparing the QDRO for approval by the Court. The marital portion of the 401k is defined as the portion acquired from... View More
answered on May 18, 2024
You don’t need to do the calculations. When the QDRO is submitted you will include the dates and the plan will do it for you.
In the division of assets, a 401k from a former job of mine (company X) is written up as: ex wife has a Company X retirement account titled in her sole and separate name and that this account shall remain hers free from claims by husband. The decree also states that any retirement accounts not... View More
answered on May 18, 2024
What was the original intention? If it was for you to keep it then keep it. Let her go to court if she wants and argue that there was a mistake. Clearly there is a conflict because it says that titled in your name is yours. Speak with a local family lawyer for more specific advice.
She bought 2 homes and a new car all in her name. The past few months she’s been asking for a divorce since then she’s put both homes and her car in her kids name. We don’t have any children together. What legal recourse do I have?
answered on May 18, 2024
Assuming that the settlement was for a personal injury then you may be entitled to a portion. Speak with a local family lawyer for more specific advice.
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