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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: I am trying to get a divorce from my husband. He is not a US citizen and has no US documents.

He won't give me his address. I want to do Service by Publication. For the Affidavit of Diligent Search, it states that I have to do a bunch of things, which I am not sure how to do in Nigeria. I spoke with someone there and they said it could take a lot of money because I would need to pay... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 26, 2021

You could try. Explain in the affidavit what steps you did take, what steps you didn't take, and explain why you didn't. The worst that could happen is that the court would refuse to approve.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: how do I get free legal aid for divorce and custody?
Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2021

Look for a legal aid office or agency in your local community. You can also check with your local clerk of court for information.

2 Answers | Asked in Bankruptcy and Divorce for Florida on
Q: What do i do when my lawyer that is representing me says he needs more money to continue the day before trial.

I am the creditor in a bankruptcy case. I was offered a settlement and declined and needed to change the "language" 3 times.a good back and forth. The amount settle on kept going down....each settlement. I told my lawyer that I do NOT agree with that. He reply back was "The amount is... Read more »

David Luther Woodward
David Luther Woodward answered on Feb 16, 2021

Your situation is difficult to analyze because of the paucity of "real" facts. You don't say what manner of creditor you are, nor do you give any basis for much of anything.

It seems a bit late to me to change counsel, but perhaps that is what you need to do. The Court may...
Read more »

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3 Answers | Asked in Divorce for Florida on
Q: I live in florida and my husband and I are separated. I refianced my home and paid him so he could buy another property.

I gave him 20 k he bought a home with non marital funds . Now he wants equity in my home but says i have no rights to the home he bought.

Rand Scott Lieber
Rand Scott Lieber answered on Feb 9, 2021

This is an issue that can be resolved in court if you file for divorce. Initially you each have an interest in the other's property. You can then each try to prove why you do or do not have an interest. For example, you can show that you refinanced and gave him $20K for the property that you... Read more »

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: If I get a default judgment on a petition for modification of alimony and set a hearing, how do I prove my case?

How do I prove how much he makes in a hearing if he has not filed mandatory disclosure and there’s no discovery. Does the judge just agree to what I was asking for without reviewing evidence?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 3, 2021

Generally, yes. The judge might ask you some questions about it at the hearing, so be prepared to explain what you are asking for.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a petition for modification of alimony be dismissed without a hearing?

I filed and served a petition for modification of alimony. My ex did not answer in 20 days so I filed a motion for default judgment. The clerk did not enter the default judgment. Instead I got an email from the JA requesting hearing dates on my exes motion to dismiss. Are there any circumstances... Read more »

Michael David Fluke
Michael David Fluke answered on Feb 3, 2021

What is required is that a responsive pleading be filed within 20 days. A motion to dismiss is a responsive pleading. A motion to dismiss a supplemental petition for modification of alimony would generally be based upon a lack of a substantial, unanticipated, change in circumstances. Examples... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: I told my wife I was going to let DCF know she violated her case plan so she put a injunction as well divorce paper on

Me. I told DCF that wife me and son were at her house. Not allowed. DCF don't believe me and took my visits due to injunction. I have gps location history that will match up with days foster mom brought son to wife. This will prove wife is lieng on injunction for retaliation because DCF... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 2, 2021

Your options "r" to re-write your question so that someone can understand it. Either that, or speak with an attorney.

1 Answer | Asked in Divorce for Florida on
Q: In my Divorce Papers there is a Section Separation I am looking to get clarification on "Neither Party shall interfere

with the peace and comfort of the other, neither compel nor seek to compel the other to associate, cohabit or deal with the Other"

Does this mean the other should not interfere with the others personals life or relationships after the marriage?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 30, 2021

Correct. It simply means neither of you will bother the other after the divorce is finalized.

Good luck.

1 Answer | Asked in Divorce for Florida on
Q: Question about stolen inheritance from soon to be ex husband

While married I received a large inheritance. My husband borrowed money to buy a new car (27k) ( for himself) with the promise to return it. I found out later he not only took that but about 15k to pay off his motorcycle and another 50k in cash. We are in the beginning stages of divorce and he said... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 30, 2021

If the inheritance was separate, non-marital money, you may have a claim for dissipation which is when someone uses money in a marriage for non-marital purposes or for a wrong reason. You really need an attorney to help you figure out if you can get the funds back. If you can't afford an... Read more »

1 Answer | Asked in Divorce and Animal / Dog Law for Florida on
Q: Can I take back full custody of my dogs since I'm legally the only owner even though I made a custody agreement?

Hello, I'm going through an amicable divorce. We share 2 pugs between ours homes and do one week on and one week off. I drew up a notorized document that outlines this just to have it on paper that we both signed. The other party brings in quite a few new people and has been taking the dogs to... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 30, 2021

Dogs are considered property in the State of Florida. Therefore, it would be difficult for your ex to enforce the "custody agreement" you all made. You may want to discuss it with him and see if he'll agree to you having them full time. Otherwise, you may need to get help from... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I win a Case for alimony for over $ 300.000.00 on 2020, I need a lawyer if I can pay later an the end Can I pay later?

He is appealing

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

There may be appellate attorneys willing to take the case on a contingency basis, but that is not very common. You will need to call around and see if any local attorney would take it on contingency or by requesting fees from him.

If he appeals, even if you don't respond, the appellate...
Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Husband has seen child 8 times in 20 months. Does he still have all his legal custody Rights?

I left my husband 7/13/19 with my 18 month old son. Since then he has seen our son 8 times. The last time he saw him was 10 months ago. I can't afford a lawyer to get divorced right now.. I It's been 10mo.. if he (miraculously) asks to see him now.. does every law still apply as if he has... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

Your husband is the legal father of your son. Without a court order, there is no losing his parental rights. If he showed up today to see him, he would have the right to do so. In order to minimize or take away any of his rights, you would have to file for the divorce and make enough allegations... Read more »

2 Answers | Asked in Divorce for Florida on
Q: I'm contemplating divorce from my husband after 19 years. We have a single property and common debts. what to do?

He handles all the financial aspects of the home and has all the information. our only child is 19th so custody is not an issue, however, he does resided with us. what are the considerations I must have before entering the process.

Thank you.

Rand Scott Lieber
Rand Scott Lieber answered on Jan 28, 2021

Your best course is to find a local family lawyer who will give you an inexpensive or free consultation. In the course of the divorce both parties are required to disclose all of the financial issues. You are not unique in having limited knowledge of the family finances. Your child will not be a... Read more »

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2 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: Does he not owe child support due to COVID lockdowns and terms of the child support agreement?

Ex-spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. in lieu of paying to court, ex agreed to pay equivalent amount of per guidelines child support by paying child's insurance coverage (pretax from paycheck) & day/aftercare. Shortly after... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 19, 2021

You need to read your agreement carefully. He is not "off the hook." However, if the agreement says he pays the daycare directly and the daycare closed then he can argue that he does not have to pay. You may need to go back to court for clarification or enforcement. What he did or is... Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and International Law for Florida on
Q: I NEED HELP WITH AN INTERNATIONAL DIVORCE

MY WIFE WENT BACK TO GERMANY AND TOOK OUR SON. OUR SON WAS BORN IN GERMANY AND HAS DUAL CITIZENSHIP. MY WIFE IS A GERMAN CITIZEN. WE WERE MARRIED IN THE UNITED STATES AND HAVE BEEN MARRIED LESS THAN 7 YEARS. HOW DO I GET A DIVORCE? SHE IS TRYING TO SUE ME FROM GERMANY FOR SPOUSAL SUPPORT... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 19, 2021

To get a divorce, you need an attorney here in Florida, who can consult with an attorney in Germany about the German laws. The German lawyer can better advise you about the law in Germany and which jurisdiction would more likely award an enforceable custody decree. It's a complex matter of... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Paying spouses debts with non-marital money.

My husband bought a house before our marriage. If we buy home appliances and remodel the house using credit cards under the name of both spouses, and then we pay off all debts with the income from the non-marital home, Do all the appliances and updates that we did in the house become marital... Read more »

Michael David Fluke
Michael David Fluke answered on Jan 16, 2021

This answer is a bit complicated, but worth investigating based on the roughly $285,000.00 in appreciation. Absent a written agreement to the contrary (Prenuptial/Postnuptial Agreement), the improvements made to the home during the marriage are marital. If there was marital effort such a marital... Read more »

1 Answer | Asked in Divorce for Florida on
Q: If one parent enjoys a holiday does the other parent get extra time after?

I had start of Christmas break until Christmas at noon and my ex had from Christmas at noon until end of break which gave him 2 weekends which is the benefit of having the second half of Christmas break, and i will get go enjoy that next year. After i had my half of Christmas break and he had his... Read more »

Michael David Fluke
Michael David Fluke answered on Jan 15, 2021

Usually this only happens if there is a provision in your Parenting Plan or Settlement Agreement which states that there will not be three weekends in a row. Typically, I do not include these in mine for the very reasons you cited, it throws off the entire schedule. Assuming this clause is not in... Read more »

2 Answers | Asked in Divorce for Florida on
Q: In Florida, are you obligated to take money out of non marital IRAs to pay alimony?

I am getting a divorce in Florida. Every month my expenses are higher than my income. I have some IRA money that is not marital. Will I be obligated to deplete my IRAs to pay alimony?

Rand Scott Lieber
Rand Scott Lieber answered on Jan 11, 2021

Alimony is based on one party's financial need and the other party's ability to pay. It is not based on assets, marital or otherwise, unless they are income producing assets. If the court determines that all of your monthly expenses are justified then you should not be... Read more »

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2 Answers | Asked in Divorce and Child Support for Florida on
Q: What are the laws regarding accessing my husband’s personal bank account transactions?

We have started talking about getting a divorce. I found out earlier in 2020 that he was having an affair. He has since changed his log in for his 401K account and withdrew money to go on a trip and she also went along. Then he just got terminated on Dec 27th and now has cashed out his 401k as well... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

First suggestion is to get an experienced family law attorney to guide you through process. Family law rules are built around premise that full disclosure is a requirement. How that occurs are through various legal mechanisms beyond the scope of this general question and answer forum.

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2 Answers | Asked in Divorce, Family Law and Banking for Florida on
Q: My ex took all the stimulus check that was a joint stimulus out of the joint account. What can I do about that?

Me and my ex recently divorced. Papers haven’t been signed but judge ruled. We still have a joint account, which the stimulus was deposited into. My ex transferred the entire amount to his own account and left me with nothing.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 2, 2021

What do the "papers" provide for with respect to the joint account?

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