I filed for divorce in 2019 and my other half was never served as they couldn’t locate him due to him being homeless. I didn’t pursue it much further and now the case is closed, but It wasn’t finalized. It was closed due to lack of activity. Do I reopen the case or start a new petition?
It should be less expensive to reopen as opposed to beginning a new case. Check the fees with your local clerk's office. You will still need to serve him. There are other methods such as service by publication when a person cannot be found. Look for a free consultation with a local family attorney.
He certainly can. Usually, a court may use any of 3 dates when valuing assets and liabilities: 1) date of separation 2) date of filing the divorce petition or 3) date of final judgment. There are different circumstances which may warrant which date is used. Of course, you and your attorney would...Read more »
I just went through a divorce and the judge granted my ex the home. She asked for the home so she could sell it to pay her student loans but never filed anything in court about how much these loans are or anything except she painted the house and put a fence up. Is there someway i can have this... Read more »
I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has... Read more »
Out the joint account 2 months ago. Sole support for me last 6 years married 3. He had also took the breaker and thermostat so I had no air cond. And after a week gave it back. He makes 90+ per year and per his lawyer consultation to not help me out with bills . Shows ability to pay. I have... Read more »
I get the plan covers until the children are 18. We have equal custody and do week to week. We alternate holidays and have a separate summer schedule. We use this schedule to plan our future trips. My ex only wants to establish this schedule 2-3 months in advance, however I would like a longer term... Read more »
In a Divorce process, when a parenting plan is established, it is typically done for the duration of the child's minority and it is a plan that can be used from year to year. The Court will not keep a case open so you and the other parent can be changing the plan every few months. A parenting...Read more »
We - myself, my wife of 22 years, eldest daughter 21 and twin girls 16 - immigrated to St Augustine FL from South Africa in March 2020 via sponsorship by my brother. We all have permanent residence green card. A couple of months ago my wife got a new job and on the day the twins came home from... Read more »
The petitioner filing the case is the person that pays the fees to the Court. You are not obligated to pay those fees but it is up to your discretion whether or not you wish to contribute to half the cost if it will help with a more amicable process.
You will have to be more specific on your question in order to be able to get a better response. If you run out of money because your assets are depleted, then the Court will have nothing to distribute among you and your spouse. If you run out of money and can no longer afford a lawyer, you will...Read more »
I have watched my granddaughter everyday sense she was born and provided everything for her except diapers and wipes. She is now three and her parents are getting a divorce.all of a sudden her mother texted me to tell me she would not be coming to drop her off anymore as she put her in day care.... Read more »
Unfortunately, Florida does not recognize the rights of grandparents whatsoever. Under the Florida constitution, parents have an absolute right to privacy to raise their children anyway they see fit so long, of course, as a child is not harmed in anyway. As a grandparent, the only rights you have...Read more »
We immigrated to USA from South Africa in March 2020. My wife of 22 years got a new job and she has left me (having an affair with her new boss) and our twin daughters aged 16. She does not pay child support, she only drops of a few bags of groceries every month, estimate about $140 worth total... Read more »
My ex and I are not together due to domestic battery. I had a restraining order for two years and was not able to renew it because he had not contacted me. Since his battery charge against me he has been arrested 3 times for battery and convicted once. He and I own the house that my children and I... Read more »
I can read this incident another way: Perhaps your husband brought a cop with him when wanted to give his children something--at a time he knew you would not be there--just to be sure you could not renew your outdated domestic battery retraining order. He probably also wanted to avoid a nasty scene...Read more »
If I have to return the children to the other parent seven days prior to school recommencing on 2nd September at 8am, would this be on 26th August or specifically before 8am on the 26th? My understand is that it refers to a date rather than a time. This is written in a FL divorce agreement if this... Read more »
I would say that your understanding is correct: some time on August 26th. As one of the parties to the agreement, and if that was your understanding, it's arguable that such was the intent of the parties (or at least one of them). If the other parent wants it clarified, he or she should ask...Read more »
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