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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: My daughter and her husband lived in Missouri he filed divorce she moved to Florida and he has now moved to Florida

She wants the divorce to proceed Missouri will not dismiss the case nothing's happening how does she proceed she has the children in Florida for a year. How can she proceed. She is not recieving any child support and he trying to drag out divorce.

Michael Ferrin
Michael Ferrin
answered on Nov 25, 2023

If the case is still pending in Missouri you would need to first speak with an attorney in Missouri to address the case there and see if it can be transferred to Florida now that both of you live in Florida.

1 Answer | Asked in Divorce for Florida on
Q: What are my options to divorce my wife since I have become aware of her having an affair?

I recently became aware of my wife's affair through her sister and mother. I also have proof of the affair thanks to her sister. Her deception was complete, even posting pictures of our bedroom and videos of the two of them on his social media site planning to marry and go on a cruise for... View More

Rand Scott Lieber
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answered on Nov 20, 2023

Florida is a no fault state. When you file for divorce you simply claim “irreconcilable differences.” The only significance that the affair may have is if your spouse is spending marital money on the affair. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Child Custody for Florida on
Q: Can my wife used an arrest against me in court but i plea not guilty and the case was dismissed?

I’m going trough a divorce my wife lawyer filed a motion to stop the time sharing the judge ordered temporary. Based on an arrest I had but I was never convicted I plea not guilty and the case was dismissed she also claiming I have mental issues and drug abuse base on a letter she opened from a... View More

Rand Scott Lieber
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answered on Nov 20, 2023

The legal standard for children’s issues is what is in the best interest of the child. If the incident that you are referring to had nothing to do with the child or did not happen in front of the child then it is not relevant. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Communications Law for Florida on
Q: Can a lawyer in VA threaten to put someone in jail in FL if the person does not agree to terms under a civil case?

My husband is being sued by his ex-wife for non-payment of his portion of joint student loans that are part of his divorce decree of which he told her at the time he was not working when it came time for him to pay his portion and wanted to file for a deferment. Student loans show in his name only,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 15, 2023

If the divorce decree requires him to make certain payments, and if it can be proven that he failed to do that, he can be held in contempt of court. And if he is found to be in contempt of court he could be jailed. It's not clear whether the divorce decree is from Florida or Virginia.

1 Answer | Asked in Divorce for Florida on
Q: How do I file an opposition to a motion to transfer in the state of Florida

My soon to be ex husband's attorney filed a motion to transfer claiming costs, zoom availability and assets as reasons why to move county. I'd like to oppose this

Rand Scott Lieber
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answered on Nov 15, 2023

File a response explaining the reasons why you oppose the transfer. You may need to research legal reasons to object. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Is there something you can file against a wrong venue? They have filed for wrong venue and I don't want to change

This is for a divorce and I have moved to a different county I don't have a car to be able to drive to the other county. I was there for 6 months

T. Augustus Claus
PREMIUM
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answered on Nov 15, 2023

Yes, you can file a motion to dismiss a divorce case that was filed in the wrong venue. In Florida, a divorce case must be filed in the county where either party has resided for at least six months immediately before the filing of the petition for dissolution of marriage. If the case was filed in... View More

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2 Answers | Asked in Divorce, Family Law and Personal Injury for Florida on
Q: My first lawyer gave my case to his partner who was ill. No documents filed witness was not contacted. Statue ran out

My case was given to a partner in the firm without my knowledge, he refused to do anything to confirm orior knowledge of restaurant he refused to contact witness and would become very upset if I questioned him. I had to undergo surgery, I was in a wheelchair for months and yet I could not get... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 14, 2023

Your inquiry is a bit vague as to whether the first case is over with zero recovery, and if so, why. You seem to indicate that the statute of limitations period expired, but that issue likely has nothing to do with the issue of which witnesses should be contacted. You are also vague, ad to both... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: I divorced 2yrs ago and was awarded alimony in Florida.

I recently entered into a supported relationship and verbally agreed to stop alimony. That relationship lasted six months. Can alimony restart being alimony was not terminated via the court? Unfortunately the loss in alimony has caused a detrimental loss to my living situation, to support me and my... View More

Rand Scott Lieber
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answered on Nov 9, 2023

The answer will depend on what kind of agreement you entered into with your former spouse when you agreed to the termination (verbal, written, etc.). Since you did not file anything with the court then there may be a chance; however, your former spouse will argue that you reached an agreement and... View More

1 Answer | Asked in Divorce, Personal Injury and Family Law for Florida on
Q: My wife and I have split and she's showing and selling my masterbation video can I sue her

It was made for her supposed pleasure but apparently she wants to blackmailed me

Charles M.  Baron
Charles M. Baron
answered on Nov 7, 2023

If she is asking you for money or some other benefit to prevent her from showing it, she's likely committing a crime, and you can report her to law enforcement - IF you want this issue to become public record and IF having her arrested, possibly hauled off to jail, and prosecuted is desirable.... View More

2 Answers | Asked in Divorce for Florida on
Q: If I live in the United States and my spouse lives in Puerto Rico can I file for divorce in the United States

Or do I need to go to Puerto Rico

Rand Scott Lieber
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answered on Nov 7, 2023

As long as you have been a resident of Florida for at least six months you can file for divorce here. You will need to serve your spouse with the papers in PR but you don’t have to go there. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Civil Rights, Constitutional Law, Divorce, Family Law and Child Custody for Florida on
Q: My constitutional rights have been violated in civil/custody court many times. My children are in danger.

Pinellas County, fl.

James L. Arrasmith
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answered on Nov 5, 2023

If you believe your constitutional rights have been violated in court, particularly in matters as serious as custody disputes where you feel your children are in danger, it is critical to seek legal advice immediately.

Contact a local attorney with experience in family law and civil rights...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: My husband of 11 years (we have been together 20) is trying to.force me to leave our rented home, although my name

Is also on the lease , and leave with no money even tho our bank account has $37,659, and with no car . Id literally leave destitute. What are my rights ? Do i have a right to our money ?

Rand Scott Lieber
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answered on Nov 3, 2023

You must file for divorce in order to get legal protection. You are entitled to one half of the marital assets (and liabilities) accrued during the marriage. You also have an equal right to live in the property that is rented to both of you. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce for Florida on
Q: can I get a divorce in the US from my husband in the UK in Miami? I want to get remarried, but he doesn't want to give m

He doesn't want to give me a divorce, but i've been in & out of the US since 2018. I'm with someone here in the US and he wants to marry me. So what can I do here, because in the UK i'm getting nowhere. Me and my partner are both blind as well, if that means anything.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2023

Yes, if you reside in Florida you can file for divorce in Florida.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: if my wife committed infidelity at work with her manager can I sue the company?

So my wife and I have been together 7 years. We have been great and she started this job at a hotel last year this is her first job. Over the last month I have found out about her having relations with her manager and also possibly another coworker. I would like to know if there is anyway I can go... View More

Michael Ferrin
Michael Ferrin
answered on Oct 25, 2023

I am a family attorney so I cannot give you advice on your rights to sue her employer. I can say that many companies frown upon this sort of behavior and if they are made aware of it, it could lead to both your wife and the coworkers to be terminated. Not sure if you want to do that, as when you... View More

1 Answer | Asked in Divorce for Florida on
Q: Divorce - what happens to a loan that is related to our house but is on my name only?

I am preparing for a divorce and my husband is not cooperative and doesn't want to settle. Currently, all our house loans are under both our names, except for the $40,000 solar panel loan, which is solely in my name. If we can't reach an agreement – which seems likely at this point –... View More

Rand Scott Lieber
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answered on Oct 16, 2023

If the loan was incurred during the marriage, especially related to the marital home, it is a marital debt, regardless of whose name is on it. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: What constitutes a supportive/supported financial relationship to negate spousal support in Florida?

My wife wants a divorce. She's cheated at least once and now with a high index of suspiscion a second time. She has a credit card with debt & may also have an auto loan with another man. Will her extramarital financial agreements impact her being awarded spousal support (alimony)?

Rand Scott Lieber
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answered on Oct 16, 2023

In Florida, alimony is based on financial need and financial ability to pay. The legal issue regarding extramarital affairs during the marriage is focused on the money spent on the affair. You may be entitled to a credit for any monies that your spouse spent on the affair. The issue with a... View More

1 Answer | Asked in Divorce, Child Support and Family Law for Florida on
Q: Is there anyway I can fully protect all my assets if I married someone with two children ?

They were never married, only had twins. I believe she will as for child support after we are married. Is there anyway to protect myself at all or should we not get married?

Rand Scott Lieber
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answered on Oct 11, 2023

Unless you legally adopt the children you will have no legal obligation to them, child support or otherwise. As far as protections with your potential spouse, you can enter into a prenuptial agreement. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: Can my wife move her mother in without my consent?

I live in Florida. The deed and mortgage are in my wife and I's name. My mother in-law has no legal claim to the home.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 11, 2023

Yes, she probably can. Each of two joint owners of real property, such as you and your wife, has the right to control what is done with that property.

1 Answer | Asked in Divorce for Florida on
Q: Hello, I got a random divorce notice from the Orange County FL Courthouse, after being divorced.

I have been divorced three years after I just received a notice Today via email. It doesn't say what it is about.

Rand Scott Lieber
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answered on Oct 10, 2023

You can either look up your case online or contact the clerk of court that sent you the notice to ask what it is about. It is possible that you are being notified of something that happened in your case recently (post judgment). Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My ex is looking for divorce and time sharing after being absent for 4 years from our children’s lives. How do I contest

We were married in Dec 2012, he moved out in June 2016 and we saw him one time in June 2016 after that. He moved out and became an absent parent after DCF opened a case against him for substance use and the case was closed after he continued to refuse to take a drug test. And being absent until Dec... View More

Rand Scott Lieber
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answered on Oct 9, 2023

You need to answer his petition for divorce and explain everything that has happened over the past several years. The court will order timesharing based on what is in the best interests of the children. It sounds like you can demonstrate that the father has not been involved in the lives of the... View More

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