answered on May 28, 2023
Saying she "willed" you the car implies that she passed away. If she is alive and the car is in her name then the legal way to transfer it is for her to sign the title over to you. If she has not done that then she still owns the car. Speak with a local lawyer for more specific advice.
When we bought the house it was tenants in common with right of survivorship after we divorced it automatically converted to tenants in common with 50/50 ownership. Now that we remarried each other will it reconvert to tenants in common with right of survivorship!
answered on May 27, 2023
Interesting question. In my opinion as a family law attorney, remarriage does not automatically "reconvert" the property title. You might consider executing a Quitclaim Deed - both as grantors and both as grantees to give you both equal rights as "Tenants by the Entireties,"... Read more »
answered on May 28, 2023
Pets are considered property in a divorce. Whatever you do, my advice is to inform the other party of your actions. If the two of you agree you can do whatever you like. If the two of you do not agree you could get in trouble with the court for taking unilateral action. Speak with a local family... Read more »
I understand you have 60 days to get married, does that mean after 60 days if it’s not filed it would be void? Even if it was officiated? According to clerk of the court it is supposed to filed within 10 days. In other words if it was misplaced but found a year or so later would it be valid and... Read more »
answered on May 23, 2023
In Florida the marriage license must be filed within sixty days of issuance.
Husband filed a DV Injunction and a Judge gave him temporary possession of the home and put me on the streets and wasn't making payments on the house or the home equity line of credit. I dont know what he told the post office but they returned my mail and anything with both names on it, they... Read more »
answered on May 22, 2023
The judge in the divorce case cannot put a stay on the foreclosure, generally. However, the judge can order one or both spouses to make payments. If either spouse fails to make payment, the judge can hold that party in contemp of court.
To stop the foreclosure, you need an attorney to... Read more »
Also what happens if the notary did not check either "personally know to me" or "produced identification" and neglected to mark the type of identification on the edited document?
answered on May 22, 2023
A marital settlement agreement is a contract between the parties. It cannot be changed unless both parties sign off on the change. Amendments to a marital settlement agreement are not directly related to whether there is a counter petition or not. The missing notary check mark is probably not... Read more »
We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?
answered on May 22, 2023
If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... Read more »
The court also ordered that the support be directly taken from his pay at least 8yrs ago but he still pay what he wants to pay. U really need help. With the price of living has a increasing raise.
answered on May 19, 2023
In Florida child support is calculated pursuant to a mathematical formula in the law. It is based on the net incomes of each parent and the number of overnights with each parent. Child support is always modifiable until the children turn eighteen. Perhaps you can return to court for a modification?... Read more »
I'm representing myself. He has a high priced lawyer. He is in contempt for violating a court order which says that he has to cooperate in exams etc., to get life insurance written on his life. He claims a medical reason for not cooperating. He hasn't seen a doctor since 2021 for this... Read more »
answered on May 17, 2023
This can be a complicated evidentiary issue. He can testify about anything that he has personal knowledge of. As far as the actual paper records go he would need a records custodian and he would need to establish that they are business records. Medical records frequently contain hearsay, another... Read more »
answered on May 17, 2023
No, Florida does not recognize common law marriage at any time (nor do most states).
I was given 20 days to formally notify the court if I will be continuing pre se after my lawyer withdrew.
answered on May 15, 2023
Read the order of withdrawal carefully. The default may be that you represent yourself after 20 days OR you need to file something. If necessary, you file a Notice (not a motion) with your contact information for the court with the clerk. Speak with a local family lawyer for more specific advice.
My 3 children & I live in Florida for last 9 years while their mother has lived in Michigan. We have never been though court system. If I let the kids visit for a month this summer does she have to give them back ? Would a notary or a note for the mother be evidence of her promising to bring... Read more »
answered on May 15, 2023
If you let them leave without a written agreement or something filed with the court you are stuck with the "honor system." If, in fact, she refuses to return the children, you would be forced to go to court here in Florida and fight for their return. You would have a strong case based on... Read more »
The house is in his name only but I am a successor in interest, he bought it when we were together but not yet married, I have been paying the mortgage by myself for over a year. What can I do to protect myself and kids from becoming homeless unexpectedly?
answered on May 13, 2023
If you are married and living in the house then you have a marital interest in the house and cannot be evicted. Your remedy (protection) would be to file a divorce action in family court. This will help you enforce the legal rights of you and your children. Speak with a local family attorney for... Read more »
Before she died she wrote and signed a letter stating she's giving her vehicle to me. She also went ahead and signed the title before she died. My uncle was driving the vehicle around and I wanted to come get it. Well he said it had to be in my name, so I went and got the title put in my name.... Read more »
answered on May 12, 2023
If she signed the title over to you before she died, the vehicle is yours; it doesn't belong to her estate. But you would be foolish to drive the vehicle at all without insurance.
I refused to pay the Nanny with my ex wife because she just home Monday to Friday while my daughter she's at day care 7 AM to 6Pm and she just want to work weekends , i find that's not faire , what does the law say about that ? Can I take her to court for this ?
answered on May 11, 2023
You need to review the parenting plan that was entered in your divorce. You do not mention how old the child is or what your timesharing arrangement is. For younger children daycare costs are normally a part of the child support calculation. If you do not currently have a daycare obligation then... Read more »
Loans are all in exwife name and over the years have been paid off and on- going into deferrment a few times.i have remarried and moved to Florida and am 73 years old. The original loans were for $53000 and now with interest is way over $150000.My ex has now sued me in a Pennsylvania court for 1/2... Read more »
answered on May 11, 2023
Being your case is from Pennsylvania and there was recent litigation that took place there, you would need to contact an attorney in Pennsylvania to address those issues. As for the order being enforceable in Florida, the opposing party would need to domesticate the order in Florida for it to be... Read more »
Is but she doesn’t want the baby. She lives in Kentucky and we live in Florida. What should we do first?
We lost our 25 year old daughter almost two years ago. She was pointed to us by our niece. We live in Florida and she lives in Kentucky. She doesn’t know who the biological father is and she doesn’t want the baby at all
She doesn’t know who the biological father is,but she does not want the baby
answered on May 9, 2023
Whatever you do you need to involve an attorney that specializes in adoption. This is not a do it yourself matter. Speak with an adoption attorney as soon as possible if you want to pursue this.
answered on May 9, 2023
You are not required to respond but one party or the other will need to schedule it for a hearing with the judge. Speak with a local family lawyer for more specific advice.
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.
