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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Florida on
Q: my lawyer withdrew from my case the day after the judge denied relief . I was given no notice along with a stipulation

my lawyer withdrew from my case the day after the judge denied relief ,, There is has been lack of communication this whole time from I have felt left in the dark ,, Then to have them withdraw and filing a motion with courts saying I broke my employer contract and then another email was sent right... View More

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The most common reason for a lawyer to withdraw stating that a client has broken their contract is because the client failed to pay the lawyer's fees as agreed. This is a perfectly legitimate reason for a lawyer to withdraw.

While you can hire a new lawyer to represent you, expect to...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I file a motion for temporary support, time-share, and other relief with dependent or minor children?

Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More

Michael Ferrin
Michael Ferrin
answered on Feb 5, 2024

Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: 34 year marriage. Defense attorney husband left me for a criminal defendent he began an affair with.

Do I have any additional rights to alimony or other support (health insurance coverage, etc.) considering he filed to leave our marriage for his criminal mistress?

Rand Scott Lieber
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answered on Jan 26, 2024

Based on Florida law, you are probably entitled to alimony based on the length of marriage and disparity in income. The fact that he cheated does not have a direct impact on your alimony claim. If he spent marital funds on the affair you can seek to have half of that money credited to you. Speak... View More

1 Answer | Asked in Consumer Law, Banking, Divorce and Family Law for Florida on
Q: I had a settlement claim the bank let me deposit it and said it was ok then refused to give it back to me

It was supposed to be made out too separate checks me and the child support division but instead made one check co payable to both i deposited it after asking about it the teller said no problem and they released 200 to me and said it would be released the next day instead they froze my account and... View More

Angelo "Tony" Marino Jr.
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answered on Jan 20, 2024

Based on your narrative, it is difficult to know exactly what happened and what the check was for. This money seems to come from some domestic matter in Oregon. I suggest you talk to your divorce lawyer or see one to determine what the law is when a check is sent for apparently child support and... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Is alimony in FL calculated on net income of a business if self employed or income tax return after itemized deductions?

So my husband wants me to sign a separation agreement in the meantime before going through the process of divorce but the problem is that his income the past year was just half the amount of what he will be making this coming year since he just have this business opened for the last 6 months. So if... View More

Rand Scott Lieber
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answered on Jan 17, 2024

Most important, do not sign anything without speaking with a local family lawyer. Child support is always modifiable until the child turns eighteen. Alimony on the other hand can be modifiable or non-modifiable. Equitable distribution means the division of the marital assets and liabilities. A... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My husband and I are separated and going through a divorce, and i do not think our daughter is safe with him. What do i
Rand Scott Lieber
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answered on Jan 16, 2024

If the divorce is already filed then you can file a motion expressing your concerns. You must justify your concerns to the judge. The legal standard is what is in the best interest of the child. You must also schedule your motion for a hearing. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: In Florida, if the husband owned a residence and paid it off twenty four years prior to marriage, what portion is due

the wife if the title to the property was never placed in her name ?

Rand Scott Lieber
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answered on Jan 11, 2024

Assuming that the two of you lived together in the house during the intact marriage, you would need to establish the value of the house on the date of marriage and another value for the date of division. As a starting point, each party would be entitled to half of the change in value during the... View More

1 Answer | Asked in Divorce, Family Law and Collections for Florida on
Q: Is a Judgment for ex to pay back misappropiated retirement benefits qualify as 'court ordered victim restitution'?

In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).

Is a CA Family Law Court Order / Judgment for stolen retirement benefits... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 10, 2024

No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.

By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: In my divorce papers my ex husband and I had a house and a fifth wheel. He took the house and I took the fifth wheel.

The fifth wheel I pay on but it is in his name until it get paid off per divorce papers. My ex husband passed away does the divorce papers make it legal that I still pay on fifth wheel and it is still mine?

Rand Scott Lieber
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answered on Jan 9, 2024

The fifth wheel is still yours per the divorce decree; however, the loan may be a different story. If the lender learns that your ex has passed away they may want to collect on the note in full. You should still have an opportunity to refinance in your own name or try to make arrangements with the... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Answering to a divorce petition in Florida.

Recently I have filed for a contested divorce in Florida (with minor children). We were able to reach the settlement and now we want to file it with the court. Which forms do we need to do this? Namely turn the contested divorce into uncontested. Which 12.903 is needed since there are multiple... View More

Rand Scott Lieber
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answered on Jan 6, 2024

You don’t need to change your initial pleadings. Simply file the signed settlement agreement with the court. If you have met all of the other requirements then you can schedule a final hearing. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I write currently unpublished works. Would a prenupt secure future published works income from alimony calculation?

I am getting married soon, and we are thinking of a prenuptial agreement. Neither of us are wealthy, but I am in the process of securing a publisher for my writings. Can a prenuptial agreement be made to take those works "off the table" if we get divorced in the future?

Soon to... View More

Laura Arcaro
Laura Arcaro
answered on Dec 22, 2023

A prenuptial agreement can provide a variety of protections for each spouse in the event of divorce or death, including the protection of pre-marital assets and income/assets acquired during your marriage. If you have written the next Great American Novel, a prenuptial agreement can address the... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can I get help in a divorce filing with very little money and 3 children
Pamela J. Fero
Pamela J. Fero
answered on Dec 19, 2023

The court will take a detailed look at your financial situation and draw a comparison against your spouse's. This assessment aims to position both parties on an equal footing. If you can't afford a lawyer but your spouse can, the court may level the playing field. They may require your... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I was trying to see about a divorce I have been separated for over 13 years but I don’t have a lot of money
Lynette Silon-Laguna
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answered on Dec 13, 2023

Hello! Since you have been separated for 13 years, how complicated your divorce would be would depend on whether you have minor children or assets and/or debts together. I cannot provide too much advice as I do not know your situation. It could be a very simple divorce and depending on the... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Florida: if i only have income of 10,000 and my spouse makes 76,000 yrly. What is normally fair alimony?
Laura Arcaro
Laura Arcaro
answered on Dec 22, 2023

There are many factors that the court must consider in determining an alimony award, including the relative financial positions of each party, the length of the marriage, and the purpose for awarding alimony in a particular case. A consultation with a family law attorney will help you understand... View More

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1 Answer | Asked in Tax Law, Social Security, Divorce and Family Law for Florida on
Q: divorce was filed after 5 yrs of marriage can soon to be ex get future social security if it is't final for 10 yrs

ex wife is dragging out divorce. filed over 2 years ago and no final date in site. can she claim my social security benefits if the marriage isn't final and we are still legally married at 10years?

James L. Arrasmith
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answered on Nov 28, 2023

The duration of a marriage can impact entitlement to Social Security benefits, particularly in the context of a divorce. Generally, for an ex-spouse to claim Social Security benefits based on their former spouse's record, the marriage must have lasted at least 10 years. This is a federal... View More

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
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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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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

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.

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