If you have lived together in the home and supported the home financially for the past eight years then you have a marital interest in the home. Whether your interest is half is a more complex question. He may have an argument that his settlement was a non-marital asset that should be returned to...Read more »
Both of us are on the lease, and he could not afford it without my income. I want to file for divorce, but it seems pointless if he refuses to leave. He has not contributed financially for at least 7 years. I'm willing to work with him on things like health insurance, temp alimony, etc, but I... Read more »
If spouse 1 made no contributions during the marriage then they can argue that it is a non-marital asset. Spouse 2 would need to prove that spouse 1 somehow used it or commingled it during the marriage in order to make it part of the marital estate. For example, if spouse 1 took a loan against it...Read more »
If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.
File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.
Talk to your attorney to know how best to proceed.
If you and your husband lived in NYC when you were married it may be appropriate for him to file the case in NYC but more information is needed in order to provide you an appropriate response. Given that he has filed a case in NYC it would be prudent to contact an attorney in NYC to assist you with...Read more »
This is in Florida. Both vehicles are solely in the other spouses name. I am trying to take the one in my name and give her the one in her name until we get divorced and can figure it out in court. She is objecting but the divorce has not been filed yet. Both vehicles are being financed
You do not mention if the other party is objecting. Generally when a divorce is file the expectation is that both parties will maintain the status quo, financial and otherwise. You should continue to use the vehicle that you have traditionally used. If that requires a change then you must either...Read more »
We moved from IL. I worked at a school, received unemployment which paid off all credit cards, his car, moving box, loan, his air b&b (he moved down in August/family in Nov) I am now contemplating divorce. Been married 7 years.
The general rule is that everything that you acquire during the marriage, both debts and assets, are considered marital. The home, being it was purchased during the marriage would most likely be marital but we would have to do a complete assessment of your case to say for sure.
You can either file for divorce (recommended) or file a petition for support unconnected with divorce. The divorce would handle all the issues pertaining to your marriage including the custody of the children, division of assets and debts, as well as both alimony and child support. The petition for...Read more »
We would recommend you meet with an attorney as more information is needed to answer your question. Generally speaking, any assets or debts acquired during the marriage are considered marital regardless of whether the title is held jointly or individually. But there are certain exceptions.
While you are married, generally, each of you are free to do what you want. It is only when a divorce is filed that you can receive the protections that I believe you are seeking. Alimony is based on several factors but the focus is based on two main factors which are need and ability (your need to...Read more »
My wife moved the kids from our home in Melbourne, Florida without telling me. I am still providing financial supporting to the kids. The kids are 7 and 5 years old. My wife told me that she enrolled the kids in a school in Maryland without my consent. What are my rights and responsibilities?
My wife moved to Maryland with our two kids without my consent and knowledge. I still provide her with financial support for the sake of the kids. She left Florida on July 11, 2022 (38 Days ago as of August 18, 2022). I would like to file for divorce first and deal with custody issue later. We do... Read more »
We would need more information to answer this question. For example, how long has she been out of state as this will have an effect on jurisdiction. It may be best to contact an attorney to discuss your case before proceeding.
No. You do not need to live separately before filing for divorce in Florida. You also do not need to live separately during the divorce if you can safely live together. One of you has to be a resident of Florida for 6 months and the marriage is "irretrievably broken" which means there...Read more »
The cheapest route is if you and your spouse are in agreement with all the terms and can file an uncontested divorce. If you cannot come to an agreement on all the terms a contested divorce will need to be filed which is alot longer and more expensive. As for the cost, you would need to reach out...Read more »
What you are describing is completely false. Florida is a no fault state and you can get divorced with out restriction as long as you have lived in the state for more than six months. Speak with a local family lawyer for more specific advice.
Yes, her share is probably a marital asset and should be considered as such in a divorce. And yes, if the daughter attempts to convey her share to her mother, she might want to ask her husband to sign the deed by which the daughter's share is conveyed.
The papers from our divorce state that he was required to sign over his pension to me if he remarried before our youngest was out of high-school. He did remarry before that happened but never had the papers sent. I haven't questioned it because it is part of our divorce and should be honored... Read more »
I would not wait. If you were to get his pension upon his remarriage before your child graduated from high school and there is a final judgment and a signed agreement, and those are the facts. You should ask him to sign over the pension. If he does not you should move to enforce the final...Read more »
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