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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: Do I have any rights to a home that was in my name and signed over to husbands sister but title not transferred as she

lives out of state. We bought the home for the purpose of living in it when we got married but we used his money that he earned from a cancer benefit prior to marriage. He abandoned me in the Fifth wheel that was originally titled in my name only, which is located on his brothers property, and... Read more »

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

The home was "signed over" to your sister-in-law but the title was not transferred? What do you mean; it was or it wasn't?

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: I separated 1year ago while living in FL, she lives in PR with my daughter can I get divorced here in Florida?

We got married in PR 7 years ago, while I was there we took the paperwork to Pr court to get a divorce but when they call me back to be present I was working here in Fl and wasn't able to go back at that time, case was annulled. I resident here at Florida now for 1 year and want to filed the... Read more »

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

Yes, if the Puerto Rico divorce didn't result in a final judgment and was dismissed instead, you can file for divorce here in Florida. It may well be possible to do it without your wife being physically present.

1 Answer | Asked in Divorce for Florida on
Q: How do I find out what papers to final for final divorce hearing in Osceola County Florida

I am at the tail end of my divorce but cannot get soon to be ex's attorney to file for final hearing. Everything has been signed and agreed upon since July 2019 and we just need the final hearing for the judge to sign off on. My ex's attorney has been ducking my calls and won't... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 11, 2020

I don't know how they schedule hearings in Osceola County, but in most parts of NW Florida we simply call or send and e-mail to the judge's assistant requesting a hearing date. Be sure to copy the opposing counsel of course, and file a notice of hearing when you have been given the date.

1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: What age does the child get to choose who they want to live with (mother or father)????
Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Jun 10, 2020

The short answer is never. The long answer is that children are usually not considered mature enough to be able to make adult decisions. One of the factors for determining the timesharing is: The reasonable preference of the child, if the court deems the child to be of sufficient intelligence,... Read more »

1 Answer | Asked in Divorce for Florida on
Q: inherited my home from mom 2012. Divorce , can he take my home?

Our marriage has been rocky since 2015. Husband called it quits. We tried several more times to make it work but he has called it quits for good. I want a divorce. I am worried he make try to take my home. The home is in only my name. I am in Florida. Thank you

B. Elaine Jones
B. Elaine Jones answered on Jun 9, 2020

You need to consult with and retain a family law attorney to find out what your rights are. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today and let us know you found us on JUSTIA. Good luck.

Sincerely,

B. Elaine Jones, Esq.

1 Answer | Asked in Divorce and Gov & Administrative Law for Florida on
Q: With Covid19 in effect what are the legal guide lines for phone hearings? Why are they not recorded?

I had an exceptions hearing over the phone, opposing council was allowed to talk and I was not, I was the one that filed for exceptions. I don't understand how that is legal, and when I tried to get a copy of the hearing they said that they weren't recording them? When I asked the judge... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 7, 2020

Of your list of grievances, the only one that seems to be a possible infringement of your rights was the denial of your right to argue on your own behalf. That is a procedural due process right IN GENERAL for pro se litigants in hearings, with some exceptions. Relief for a trial court... Read more »

1 Answer | Asked in Divorce for Florida on
Q: What is the legal process for filing Exceptions to the magistrate in a divorce hearing?

The magistrate handed down the final judgement but missed a bunch of issues so I filed Exceptions to the ruling. I am a Pro se defendant so I called the courts to ask what to do, I was told write on a paper what you don't agree with, so I did that. I filed the exceptions and the courts said I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 7, 2020

It appears that, before spending $1,100 on a transcript, you should have invested a few hundred in a conversation with an attorney.

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Can I take my daughter from FL and bring her back to Texas. Been trying to get her back since August.

My wife and I have been separated for over 9 years. I had custody of my daughter in texas for over 4 to 5 years due to my daughter being found in the street in fl and being positive for drugs. The department of child services gave me custody. Her mom was able to get her back 2 years ago when she go... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 1, 2020

I don't know what you mean by "Her mom was able to get her back 2 years ago, but I kept her. ". Contact the Texas child services agency and ask them.

3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: I need help with house in a divorce

I have a mortgage loan with my ex wife. The loan Is With Regions bank. They won't do an assumption or refinance. They told me I have to go through court to have name removed. How do I do that? Property is in chipley, fl

Stephen K. Hachey
Stephen K. Hachey answered on Jun 1, 2020

An assumption or refinance are the only options to remove a name from a mortgage.

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1 Answer | Asked in Contracts, Divorce, Family Law and Domestic Violence for Florida on
Q: What should i do if my parents are gonna refuse to sign the emancipation contract?No consequences are faced if i runaway

Im 17 and for the past 5 months ive been receiving verbal and emotional abuse from my mom because im gay thats been messing up my mental and emotional state to the point that sometimes i just wish i wasnt alive and it keeps happening. A few weeks ago my mom jumped on me and choked me so i did call... Read more »

Charles M.  Baron
Charles M. Baron answered on May 30, 2020

Regarding the "contract" you made with your mother, it's not a valid, enforceable contract (even had you signed a proper signature). Minors do not have the legal capacity to enter into contracts, and even if you were an adult, the contract would not be valid for other reasons.... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Can a spouse ask for personal items after divorce closed?

Spouse is demanding some of their items back even though they were not listed on the divorce settlement agreement. Do I have to give any of their stun back?

Felicia Bunbury
Felicia Bunbury answered on May 27, 2020

You need to hire an attorney to review your Martial Settlement Agreement to ensure you are complying with the terms and are not in Contempt.

2 Answers | Asked in Divorce for Florida on
Q: My wife filed notice of voluntary dismissal, do i have option to continue that petition again as like before?

she is the petitioner, the divorce case is going on for almost about 5 months, now suddenly she files for notice of voluntary dismissal.. does it get granted right away from the court? do i have still option to continue with the same petition? and how long i have time period to file a counter... Read more »

Mr Eric Klein
Mr Eric Klein answered on May 26, 2020

The only way to keep the case going is if you filed a counterpetition. Check the local court rules in your area for the deadline to file the counterpetition. Good luck!

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1 Answer | Asked in Criminal Law and Divorce for Florida on
Q: I'm in a divorce living separate from my spouse. Is it a crime if my spouse breaks in to my locked living quarters?
Henry George Ferro
Henry George Ferro answered on May 26, 2020

Sorry for the bad news...not a crime against her...you should have left the house

2 Answers | Asked in Divorce for Florida on
Q: I was divorced in 2011. My attorney back then filed my divorce in Duval County. However, I lived in Saint Johns County.

My husband and I originally lived in Saint Johns County during our marriage. My husband moved out and moved to Duval County. I'm worried because all the information I have researched says that I should have filed in the county were I lived or the county were we last lived together as husband... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2020

No, the divorce isn't invalid. If your husband wanted to argue that it should have been filed in a different county, he should have done so back then.

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1 Answer | Asked in Divorce for Florida on
Q: Can I expedite my filed simplified divorce?

I am filed already awaiting final hearing date (amongst COVID) but I am up against a military deployment and would like it finalized before I go circa 2 months.

Jean Richardson
Jean Richardson answered on May 22, 2020

If there are no attorneys involved, call the other party and let him/her know that you would like to request an expedited final hearing from the court. If he/she agrees, call the JA and let her know that you have conferred with the other party and he/she agrees to an expedited hearing due to... Read more »

1 Answer | Asked in Divorce for Florida on
Q: I divorced in June 1995. I was looking at the document. can you explain what this paragraph means:

That, pursuant to the agreement of the parties made

in open court on June 19, 1995, the Plaintiff is hereby

awarded a monetary award in the amount of $5,000.00,

which award is hereby reduced to judgment, with the

requirement that the Plaintiff make no collection... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 19, 2020

Assuming that your wife was the plaintiff, and further assuming that you haven't paid it yet, yes, you owe it.

1 Answer | Asked in Divorce for Florida on
Q: Want to divorce.

Married for 10 years, no children, we own 2 houses together, we live in 1, 2nd is rented, If I want to keep one of the houses what should be the process please.

Felicia Bunbury
Felicia Bunbury answered on May 18, 2020

I would need more information to answer your question fully. For example, If spouses own an income property, assuming the income property is jointly titled and was purchased during the marriage, the income property is subject to division on divorce. In this scenario, when an income property is not... Read more »

3 Answers | Asked in Divorce for Florida on
Q: Hi, I live in a very stressful home, I want to divorce and wanted to know the steps that I have to take.

Married for 10 years, no children, we own 2 houses together. If he wants to stay in the house, what should be the process please.

Thank you

Opal Phiona Lee
Opal Phiona Lee answered on May 17, 2020

Your first step should be to schedule a consult with one of us divorce attorneys. You mentioned there are 2 houses and it appears you are both still living in 1 - you didn’t say who is living in the other. Tou also mentioned that he want to stay in the house - you didn’t say if you object? The... Read more »

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4 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: I moved out of Florida before my wife filed for divorce. Do I need a lawyer who is certified in both FL and NC?
Terrence H Thorgaard
Terrence H Thorgaard answered on May 17, 2020

No, assuming that she filed in Florida, you need an attorney licensed to practice in Florida.

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1 Answer | Asked in Civil Litigation, Divorce and Family Law for Florida on
Q: My x wife signed & judge signed if divorce /custody agreement is violated wife must return money. How to enforced

50/50 custody. X wIFe caused Estrangement broke divorce and custody agreement. We AGReed if either violated divorce agreement all alimony be repaid. She also has violated "FRIVILOUS" clause. 7 of 7 motions wife filed were all appealed and over ruled. She has not repaid money I paid... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 12, 2020

It sounds like you and your ex are presently involved in divorce litigation; if so, you must file your motions to enforce the agreements in the same court, same case. If the cae is closed you will have to re-open it--and then file your motions.

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