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Florida Divorce Questions & Answers
2 Answers | Asked in Divorce, Health Care Law and Family Law for Florida on
Q: Do I need evidence to oppose providing health insurance or alimony in a Florida divorce counterclaim?

As the respondent in a Florida divorce case, am I required to provide supporting evidence in my counterclaim explaining why I do not want to provide health insurance or alimony to the petitioner?

Destardes Moore
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Destardes Moore
answered on Nov 2, 2025

As the respondent in a divorce case, you should provide supporting evidence for any claims made in your answer and counterpetition, including those opposing the provision of health insurance or alimony. This evidence is essential to substantiate your position and to rebut any assertions made by the... View More

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4 Answers | Asked in Arbitration / Mediation Law, Divorce and Family Law for Florida on
Q: How to modify alimony due to job loss in Florida?

I was laid off from my job, and my income is now limited. I’m seeking to modify my alimony payments, which were part of a mediated agreement approved by the court in Lee County, Florida in 2012. Currently, I pay my ex-wife, whom I was married to for 22 years, $1,500 twice monthly, totaling $3,000... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 28, 2025

You can file a Motion for Modification explaining why your income has decreased. You don't need proof with the motion but you will need it when you see the judge. You will also be expected to find another job at or near the same level of income. If that is not possible, be prepared to explain... View More

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4 Answers | Asked in Arbitration / Mediation Law, Divorce and Family Law for Florida on
Q: How to modify alimony due to job loss in Florida?

I was laid off from my job, and my income is now limited. I’m seeking to modify my alimony payments, which were part of a mediated agreement approved by the court in Lee County, Florida in 2012. Currently, I pay my ex-wife, whom I was married to for 22 years, $1,500 twice monthly, totaling $3,000... View More

Kay-Ann  Waite
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answered on Oct 28, 2025

Yes, you can modify the payments by filing a Supplemental Petition for Modification of the Final Judgment will incorporates the MSA. Based on a substantial change in circumstances, you will be qualified for modification, even a temporary modification, if your income has changed. Be sure to fill out... View More

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3 Answers | Asked in Divorce, Child Support, Child Custody, Foreclosure, Family Law and Real Estate Law for Florida on
Q: What steps should I take if my ex isn't following the divorce decree?

My ex-husband is not complying with our divorce decree. He refuses to use the court-ordered Talking Parents app for communication when visiting our kids. He stopped making payments on the marital home, forcing me and the children to move due to foreclosure. Additionally, he hasn't made child... View More

Connor J. Frontera
Connor J. Frontera pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2025

You can and should file a motion for contempt with the court. A motion for contempt lets the court know that the other party is not complying with the previous court order. Make sure to gather all evidence so that when it comes time to present the evidence to your lawyer or court, you already have... View More

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2 Answers | Asked in Family Law, Divorce and Real Estate Law for Florida on
Q: Can a spouse get shared equity on a house owned before marriage after upgrading appliances?

I have been married for two years, and during this time, we upgraded the appliances in a house that I owned before our marriage in Florida. There is no mortgage on the house. Can my spouse obtain shared equity in the house given these circumstances?

Destardes Moore
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Destardes Moore
answered on Oct 27, 2025

A home owned by one spouse before the marriage is typically nonmarital property. However, if marital funds or either spouse’s labor improved the home or increased its value during the marriage, the resulting increase in value may be considered a marital asset.

If upgrades made during the...
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2 Answers | Asked in Business Law, Contracts, Divorce and Family Law for Florida on
Q: Can a warranty claim be denied if a title still shows the original owner post-divorce?

I purchased a car with my now ex-wife, and we received a free lifetime powertrain warranty. We recently divorced, and the divorce settlement states that she has 10 days to transfer the vehicle into my name, but this transfer hasn’t happened yet. The vehicle has a major recall issue, and the... View More

Jesus La Rosa
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Jesus La Rosa
answered on Oct 17, 2025

Apologies for the cliché, but it’s important: no attorney–client relationship is established by this answer. Please treat it as general information, not tailored legal advice.

Under both federal and Florida law, a warranty claim generally cannot be denied just because a vehicle’s...
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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Cost and steps to correct misspelled name in FL marriage dissolution judgment?

I need to correct a misspelled name on the final dissolution judgment of my marriage dated 11-19-2008 from the Circuit Court for Orange County, Florida. It's important to correct this for legal documents, and I'm considering hiring legal assistance. How much might this cost, and what... View More

Daniel A Bachert
Daniel A Bachert
answered on Sep 3, 2025

A Motion to Correct Scrivener's Error would need to be filed with the Court explaining the error and providing an affidavit and any proof evidencing the error. A copy of the Motion will need to be provided to the other party and a proposed order correcting the error should be submitted to the... View More

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2 Answers | Asked in Legal Malpractice, Divorce, Insurance Bad Faith and Family Law for Florida on
Q: My attorney delayed sending divorce papers, impacting my insurance options.

I'm facing a difficult situation where my attorney delayed sending my finalized divorce papers for three months, even though they were signed on April 29th. I only found out at the end of July that they were back, and now I've missed the deadline to get insurance through my job. My... View More

Daniel A Bachert
Daniel A Bachert
answered on Sep 2, 2025

Divorce usually qualifies as a Special Enrollment Period (also known as a Qualifying Life Event), allowing you to elect health insurance through your employer outside of the usual annual enrollment period. You typically have 60 days from the date the divorce becomes final to make this election. You... View More

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4 Answers | Asked in Divorce, Business Law, Real Estate Law and Family Law for Florida on
Q: How can I avoid financial ruin during divorce in Florida while earning less?

I'm preparing to file for divorce, but I'm concerned about my financial well-being afterward. Although both my spouse and I are employed, I earn significantly less. We own two homes and other assets together and have shared financial obligations. Our children are adults, but my spouse has... View More

William Steven Foley
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William Steven Foley
answered on Aug 20, 2025

In Florida, there is something called a Motion for Temporary Relief that sometimes is relevant in situations where parties need to get in front of a judge earlier in the case rather than waiting for a final hearing. A temporary relief mediation is also helpful to try to see if a temporary... View More

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3 Answers | Asked in Divorce and Family Law for Florida on
Q: How can I find my divorce date from 2000 to get remarried in Florida?

I am trying to find the date of my divorce finalized in King County, New York, in 2000 to get remarried in Florida on March 14, 2026. I have trouble accessing the exact date, which I need to order the documents. I've also tried contacting the attorney involved in my case but am not sure if... View More

William Steven Foley
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William Steven Foley
answered on Aug 20, 2025

The phone number listed online for the King County Matrimonial office is 347-296-1714 or 1-800-COURTNY (1-800-268-7869). They will either be able to help you with obtaining a copy of the record or will hopefully be able to direct you online where you will need to go in order to access your divorce... View More

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2 Answers | Asked in Divorce, Family Law and Contracts for Florida on
Q: Can my husband take both cars if they are in his name?

During our 18 years of marriage, my husband paid for both cars which are registered in his name. We are not currently undergoing any divorce or legal separation. I am concerned that he might take both vehicles from me. What are my legal options regarding ownership and access to the cars?

Veronica LaVerne Robinson
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answered on Aug 9, 2025

In Florida, whose name is on the title isn’t the whole story. If the cars were acquired during the marriage, they’re generally treated as marital assets, even if they’re registered and insured only in your husband’s name or paid from his account. By the same token, any loan or credit tied... View More

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1 Answer | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Florida on
Q: What documents are needed for divorce with minors in Florida, requesting supervised visitation?

I am preparing to file for divorce in Florida, and I need guidance on the necessary documents as my spouse and I have minor children involved. I do not know my spouse's income, and I am requesting supervised visitation due to my spouse's history of alcohol abuse, attempted suicide while... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 22, 2025

You do not need those documents at the time of filing. Once the case is filed both parties will be required to exchange financial information. Regarding supervised timesharing, you will need to present evidence to the court that it is not in the children's best interest to be alone with the... View More

3 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Divorce property division: House with VA loan and equity, no payment contribution from spouse.

I am considering filing for divorce after being married for 24 years, with no prenuptial or postnuptial agreement. We share a house purchased with a VA loan and have equity in it; however, I have been solely responsible for all household expenses and mortgage payments. My husband has not... View More

Daniel A Bachert
Daniel A Bachert
answered on Jul 22, 2025

You indicated that you have no prenuptial or post nuptial agreement and as such any and all income you and your Husband had during the marriage belonged to both of you. Given that fact all payments you made on the mortgage were made from marital funds and that would mean that each of you have an... View More

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Divorce property division: House with VA loan and equity, no payment contribution from spouse.

I am considering filing for divorce after being married for 24 years, with no prenuptial or postnuptial agreement. We share a house purchased with a VA loan and have equity in it; however, I have been solely responsible for all household expenses and mortgage payments. My husband has not... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 22, 2025

The short answer is yes, if you want to keep the house you will need to buy out his portion of the equity. Although the starting point is 50/50, you can try to make arguments that you should het more than half. However, who paid the mortgage and whose name is on the loan or deed is not a reason to... View More

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3 Answers | Asked in Divorce, Domestic Violence, Estate Planning and Family Law for Florida on
Q: Am I entitled to equity in the family home sold for $300k during divorce proceedings in Florida?

I married my wife in 2006, and we have two children. In 2010, her parents purchased a home in Florida for our family while I was deployed to Afghanistan. After separating in 2014 due to multiple instances of domestic violence initiated by her, I moved out of the home but continued to provide $1,800... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jul 16, 2025

This is essentially a family law question. As an estate planning attorney, however, I can confirm that if the home was not owned by you and your wife and it was purchased by and owned by her parents and then transferred into her parents' trust as part of their estate plan, the home would not... View More

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3 Answers | Asked in Divorce, Business Law and Family Law for Florida on
Q: Should I self-file for divorce and go to court personally in Florida?

I am considering self-filing for divorce and would like to know if it's advisable to go to court personally. We have not discussed the divorce terms yet, but there is property to be divided and no children involved. There have been no ongoing legal proceedings and no safety concerns at this point.

Daniel A Bachert
Daniel A Bachert
answered on Jul 9, 2025

If you believe that you and your spouse are both knowledgeable regarding the marital assets and debts held by the other and that you will be able to reach an agreement regarding the distribution of the same without litigation but with the help of a mediator, which the court will require anyway,... View More

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4 Answers | Asked in Divorce, Real Estate Law and Family Law for Florida on
Q: Divorce: how to keep the shared house with mortgage and equity loan?

I am considering filing for divorce, and the only property we share is our house, which has a mortgage and an equity loan. There are no children involved, and we do not have any agreements in place regarding the distribution of property. I have primarily contributed to the mortgage and equity loan... View More

Jacqueline Alicia Salcines
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answered on Jul 9, 2025

Sorry you are going through this and facing divorce. It sounds like it would be uncontested if you are able to reach an agreement regarding the house. Since its marital residence you are each entitled to half unless there is a prenuptial agreement or other document you didnt mention. Assuming... View More

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3 Answers | Asked in Divorce and Family Law for Florida on
Q: Help with filing for divorce in Florida with concerns about property division and spousal support.

I'm looking to file for a divorce in Florida. There are no children involved, but I am concerned about property division and spousal support. What steps should I take to get started, and what should I be aware of regarding these issues?

Joe Benson
Joe Benson
answered on Jul 8, 2025

The first step is to understand what your rights are as the spouse. Let's address the property division: are we talking about personal property/martial property (those items that were purchased during the marriage) or are we talking about real property (land, house, investment property)?... View More

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3 Answers | Asked in Divorce and Family Law for Florida on
Q: Help with filing for divorce in Florida with concerns about property division and spousal support.

I'm looking to file for a divorce in Florida. There are no children involved, but I am concerned about property division and spousal support. What steps should I take to get started, and what should I be aware of regarding these issues?

Linda Liang
Linda Liang
answered on Jul 8, 2025

You should begin by completing a settlement agreement, which outlines property division and spousal support arrangements. Regarding what you should be aware of, generally speaking, you need to know what constitutes your marital property. You will need a full disclosure of both of your properties... View More

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4 Answers | Asked in Divorce, Domestic Violence, Real Estate Law, Tax Law and Family Law for Florida on
Q: What are my legal options to recover funds invested in a house co-owned with ex, considering a restraining order and inheritance sale proceeds in Florida?

I inherited a house and sold it, using the proceeds to jointly purchase a new house with my ex-girlfriend. Due to a court-imposed restraining order, I am legally barred from the house we co-own. Both our names are on the deed. I have documentation proving that the funds I contributed to the... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Jun 18, 2025

If you co-own a home in Florida with your ex-girlfriend and contributed funds from the sale of an inherited property, you have several legal options to recover your investment—despite being barred from the property due to a restraining order.

Because your name is on the deed, you are...
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