Lawyers, Answer Questions  & Get Points Log In
Florida Divorce Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: If i buy a house in Florida without my spouse and we divorce later, does she get the house?
Mr Eric Klein
Mr Eric Klein answered on Sep 25, 2020

As Florida is an equitable distribution state, without any other facts, your spouse would be entitled to 50% of the house in the event of a divorce. I hope this helps. Good luck!

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Do I include paystubs and receipts in the "fully executed" Financial Affidavit I must attach to my Pretrial Statement?

Attachment C of Standing Family Law says to attach "a current, fully executed Financial Affidavit" to my Pretrial Statement.

Does that mean I have to include paystubs and receipts of how I've spent my income since the divorce was filed? Do I attach that to my current... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

I have answered several of your questions this morning, but I can't give you a reliable answer to this one. I don't know if the instructions tell you to attach paystubs and receipts or not. I suggest you consult with an attorney practicing family law in the Florida county where this... Read more »

1 Answer | Asked in Family Law, Divorce and Child Custody for Florida on
Q: Please explain Standing Family Law PRETRIAL STATEMENT 15.2... It contradicts itself..

It says:

"Exhibits should not be filed with the court, however, must be delivered to the opposing party at the time of delivery of the Pretrial Statement."

But you're supposed to attach to the Pretrial Statement:

4. "Copies of all photographs, exhibits... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

Yes, you are right: the standing order seems to contradict itself. I think what it means is that you don't attach THE ORIGINALS, but you should attach copies (to the one you file, as well as to the copy of the pretrial statement you give to the other party).

Written...
Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Do I need to use witnesses at my divorce hearing because the opposing party is using witnesses?

Standing Family Law

16. DISCOVERY

... If one Party requests the deposition of a witness listed in the Pretrial Statement and the other party does not cooperate in scheduling the same, the Court shall consider any sanctions, including excluding the witness. ...

Does that mean... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

No, that's not what it means. A deposition is the taking of testimony of a potential witness OUT OF COURT. If they were to want to do that, the quoted language means that you should cooperate. In your case, apparently the other party intends to call witness to the IN COURT hearing. If your... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Wife flew to see her mom with kids. She said she has tickets to come back monday. Now she isnt. Is that false pretense?

My wife's little sister came to see us. After staying a little over a week, my wife flew out Saturday to take her back. This time she took our kids too so that they can see their grandma. She said they have tickets to come back Monday so my daughter only misses one day of school and rhwy can... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2020

The courts here in Florida have exclusive jurisdiction over the children's' custody for the next six months. So if you wife were to sue for divorce including custody she couldn't sue in whichever state she took the kids to.

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: Can I elect to go to jail if I refuse to pay a court-ordered amount to my ex-spouse

I filed for divorce after my wife left me for another man. I am a retired us veteran who spent two years in the Veterans I will pay child support, that is not the issue, but if I refuse to pay this amount can I eat elect to go to jail instead and then no longer be financially responsible for that... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Sep 1, 2020

If a person willfully violates a court order then the judge can hold the defendant in contempt of court and said person can be subject to arrest and incarceration. However if the order can not be complied with due to a change in circumstances then application to the court can be made to modify the... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: If I'm married & separated and we have no court-ordered parenting plan, can my wife take and hold our child at her whim?

While we have no court-ordered parenting plan, we've been operating on agreements for the rotation of our child. Our latest agreement, in writing, was a 2-week rotation. She suggested a 2-month rotation, which I rejected in writing.



In keeping with the 2-week rotation, I've... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2020

No, I doubt a sheriff or other law enforcement officer will assist you without a court order.

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: My ex husband forge my signature on our divorce decree and had some one represent me to get a divorce and claimed we had

No kid together, but we did. Is there a lawyer who would take my case up front and take money after the win?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2020

Attorneys are in general not allowed to agree to contingent fees in domestic relations cases.

2 Answers | Asked in Divorce, Family Law and Landlord - Tenant for Florida on
Q: My wife an i are getting a divorce we were co renting a house she left June 4th has not been back i changed the locks

what are the laws in florida i read 20 day abandonment but what to know what are my options so if she decides to come back an break a window or destroy my stuff

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 26, 2020

You could charge her with criminal conduct, but the police might well figure that since you are still married she could have some sort of defense to the charges. So you should get an order in the dissolution action providing that she stay away from your residence.

View More Answers

1 Answer | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: how can I get the bank to stop allowing money from a disabled person be stolen through payment apps? Nobody will fix it.

I am caretaker and poa of my friend who had a massive stroke. His wife divorced him during the incident and made a new account for him and has been taking his money as well as his sister in law through venmo or paypal. I have tried everything and no one can do anything. The bank says call online,... Read more »

Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 25, 2020

Contact the local law enforcement agency and ask that they do a fraud investigation.

1 Answer | Asked in Divorce for Florida on
Q: What is he entitled to if we file for a divorce and own a condo?

If I put down the ENTIRE down payment, and closing costs on a condo, and his name is not on the mortgage, does he get rights to the condo? His name is only on the condo, but hasn't put any money into it i.e down payment, electric costs, internet, cable, furniture, etc.

The reason for... Read more »

Mr Eric Klein
Mr Eric Klein answered on Aug 24, 2020

Very good question. It appears from your question that his name is on the deed. As such, as Florida is a title theory state, the fact that his name is on the deed provides him 50% ownership no matter who made the down payment. Further and assuming the condo was purchased during the marriage, the... Read more »

1 Answer | Asked in Divorce for Florida on
Q: In Florida, Can I get spousal support /alimony?

We are married 20 years. I'm disabled and dependent on his income. We live in Pensacola FL.

Jean Richardson
Jean Richardson answered on Aug 14, 2020

Yes. Are you filing for divorce? Please consult with a local attorney to discuss your options. Best of luck!

1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: My divorce settlement agreement says: "the condo unit shall be wife's sole property free and clear of any claim by Hus"

When I sold it I had to pay husband's judgment liens that attached to his share. Does husband owe me the money I paid due to his breach of the settlement agreement?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Probably. Have your attorney review the settlement agreement.

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Can I have legal representation assist in my divorce if I live in FL, and ex is in Indiana where he filed?

I need help with my divorce. My ex moved out of state to Indiana with our daughter without my permission, and I'm in FL. Juristiction issues ........

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

If the child was removed from this state and has been in Indiana for less than six months, jurisdiction would be in Florida. But you will probably need an Indiana attorney as well as a Florida one.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a judge order me out, but her stay? Can he order us to sell the house? What's the worst scenario for me?

Oct 2018 I bought a house with my gf at the time. I sold my previous house, boat and truck and used that profit to make the down payment on $50K or so. She put in $0. We are both on title, but i'm the only one carrying the mortgage. We moved in and each split the mortgage, everything else i... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2020

Yes, the judge can do that. The property clearly seems to be marital property, assuming "she" is your wife.

2 Answers | Asked in Divorce, Family Law and Military Law for Florida on
Q: What can my girlfriend do if her husband doesn’t want to get a divorce and he is blackmailing her to stay with him?

My girlfriend is being blacked mailed by her husband and threatening her that he will ruin her career and take everything away from her if she divorces him. He verbally and emotionally abused her. He uses religion to shame her and family as well. He has emails, text messages and pictures of us and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 29, 2020

Get her an attorney.

View More Answers

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a judge issue a default in divorce without me submitting a motion to default form?

Wife served me with nearly blank divorce papers and never responded to my counter petition or amended counter petition. Other than initially being served by the sheriff, she has failed to e-serve me properly with any other documentation nor has she amended any of her blank documents, other than the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 28, 2020

Motions for default are usually a waste of time. However, based on the procedural facts you presented, you can draft and file a motion to compel an answer to your counter-petition, and to compel production of documents requested, which your spouse must respond to or be sanctioned for not... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: If I buy a house in a co-ownership and the co-owners spouse divorces and demands 50-50 marital assets.

Does that affect the house in co-ownership?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2020

Yes. The spouse of your co-owner could be awarded some or all of the co-owner's (half) interest in the house.

1 Answer | Asked in Divorce for Florida on
Q: Question is about my prenup. I was a millionaire making 150K a month when I married my wife 10 yrs ago.

I required a prenup back then since I had most of the assets and a thriving business. Now, after my business failed 5 yrs ago, my income and retirement is only 142K a year. Her net worth is triple mine since I have been paying all the bills and living expenses, but did not have to. The prenup says... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 22, 2020

Yes, she can probably enforce it. But a divorce attorney had best look at it to be sure.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.