Lawyers, Answer Questions  & Get Points Log In
Florida Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I have full custody if my ex is not feeding our girls right, or caring for them good enough?

Please i really need help. My soon to be ex husband used to work as a law enforcement for the last 15 years. He suffers from extreme ADHD which got him retired, even though he is been treated, he has problems sleeping, controlling his anger,and with concentration. My girls hate being with him,and... Read more »

B. Elaine Jones
B. Elaine Jones answered on Mar 30, 2020

You need to consult with and retain a family law attorney to assist you in whatever motions or pleadings that need to be filed. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today and let us know that you found us on JUSTIA. Good luck.

Sincerely,

B....
Read more »

1 Answer | Asked in Divorce for Florida on
Q: will a foreign notary be recognized in florida. my daughters mother is in thailand

i understand that i can do most of the paperwork for our divorce via email however, i need to know how to get her signature notarized in a manner that is legal in the state of Florida.

Rand Scott Lieber
Rand Scott Lieber answered on Mar 27, 2020

You do not mention what you are having notarized. Different entities have different requirements. Generally speaking, the foreign equivalent of our notary will be accepted.

1 Answer | Asked in Divorce for Florida on
Q: What does motion of withdrawal of motion to intervene in a divorce mean... Doors that mean I'm not divorced
Rand Scott Lieber
Rand Scott Lieber answered on Mar 27, 2020

Normally a motion to intervene is filed by the department of revenue to address child support issues. It does not change whether you are divorced or not.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: I pay child support but I do not have a way to contact ex-wife anymore.

we use to talk but I guess numbers have changed again. Before when numbers changed I knew where she lived but now I have no way to get ahold of her and it has been 6 months

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

And what do you want to know? Do you have to continue paying child support? Yes.

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: When filing for divorce and returning to my maiden name for my last name, is it also possible to change my first name?
Mr Eric Klein
Mr Eric Klein answered on Mar 19, 2020

It is not. The family court only has jurisdiction under a dissolution of marriage matter to change your name back to your previous name. If you want to change your first name, you will need to file a petition for name change. Good luck!

1 Answer | Asked in Divorce for Florida on
Q: We live in Florida, is property in Puerto Rico included in the divorce.

Property was inherited from decreased parent.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 17, 2020

You should mention it in your court filings. If you cannot agree, in the context of your Florida dissolution case, as to the disposition of the property, it may be necessary to ask a Puerto Rican court to adjudicate title to the property.

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Why is it so hard to figure out child support?

Spouse filled out the worksheet and it seems very wacky. Somehow he calculated it as $60 bucks per kid. He makes about 6K a month and I make about 9K. He will have them for the weekends, though they rarely go over (they are teenagers) would rather hang with friends. I pay health insurance of about... Read more »

Jean Richardson
Jean Richardson answered on Mar 12, 2020

You should have discovered to each other your financial affidavit. This document will show his and your net income. Once you have a financial affidavit and an idea of how many days per wee/month each of you will have the children among other factors, you can calculate child support amount using the... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can I re-fi during a divorce?

Husband agreed that the house is mine. The paperwork is not finalized. Can I re-fi the house?

Rand Scott Lieber
Rand Scott Lieber answered on Mar 9, 2020

You can but while you are still married the other party will need to sign off on the closing. You can refinance in your own name but he will need to sign a quit claim deed regarding title to the property.

2 Answers | Asked in Divorce for Florida on
Q: Husband refuses to pay student loans in divorce

During early years of the marriage I found my self unemployed. I went back to college, in doing so, I racked up a bunch of student loans some which are paid off some which are not, maybe like 20K. He does not want to share the burden as he stated they are "mine" however, with my annual Social... Read more »

Victoria Lyn Anderson
Victoria Lyn Anderson answered on Mar 6, 2020

The issue is not if you were working but rather was the debt acquired during the marriage. You would need to obtain documentation to show when they were acquired.

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Who asset is a minors money certificate during a separation?

I have discovered that my spouse has been sending thousands of dollars to a certificate at the bank that I do not have access. I can just see the money leaving. I asked him about it (after the financial affidavit) was submitted, and it was not listed as an asset for anybody. I called the bank, and... Read more »

Beth Louise Clause
Beth Louise Clause answered on Mar 6, 2020

This will need to be addressed at mediation and/or trial. There are a lot of factors that need to be considered. Where is the money that is being deposited coming from? Is the money truly for the benefit of the child? Is your husband the only person who has control over the account?... Read more »

1 Answer | Asked in Divorce for Florida on
Q: I want to divorce my husband. Is it best to file for child support first?
Beth Louise Clause
Beth Louise Clause answered on Mar 6, 2020

It is best to get the child support ordered by the Court for many reasons. Use the Florida Child Support Calculator available on-line at www.floridachildsupportcalculator.com/ and calculate how much child support will be and ask that your husband pay that amount while your divorce is pending.... Read more »

3 Answers | Asked in Divorce for Florida on
Q: I want to divorce my husband. Is it best to file for child support first.
Victoria Lyn Anderson
Victoria Lyn Anderson answered on Mar 4, 2020

If you want to file for a divorce I would just do that and let child support be handled in the divorce.

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: Can a 501C3 non profit started during a marriage using marital funds be included in a florida equitable division

The non profit was also supported by marital funds to cover standing bills such as storage units and marketing

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 2, 2020

If it's a non-profit corporation, it's not "owned" by you or anyone else.

2 Answers | Asked in Divorce for Florida on
Q: I agreed to an uncontested divorce, but see that the financial statement my husband filled out on my behalf is wrong

What kind of additional information or correction can I submit to my case before it is finalized?

Mr Eric Klein
Mr Eric Klein answered on Mar 1, 2020

Simply file an amended financial affidavit. Good luck.

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can my spouse remove themselves off our co-signed rental lease without my permission during an open divorce case?

Also stopped paying utility bill. Can I file contempt or what other type of filing can I use to notify judge?

Jean Richardson
Jean Richardson answered on Feb 28, 2020

A person can be held in contempt of court if he/she violates a previous order specifically directing him/her not to do a certain thing but does it anyway. Was there a previous order directing him/her not to do these things? Otherwise, why would he/she needs your permission to remove their name off... Read more »

3 Answers | Asked in Divorce for Florida on
Q: My girlfriend and I want to get married. But first we have to dissolve/ get an divorce from her first marriage

They have been separated for almost 20 years. And we have no idea where he is. Can she still get a divorce with out us knowing where he is. / With out his signature. And how would we go about doing that?

Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2020

Yes, it is called a divorce by publication. Schedule a consultation with a local lawyer who can guide you through the process.

View More Answers

3 Answers | Asked in Divorce for Florida on
Q: I have been paying lifetime alimony for the past 10 years.

My ex wife has her masters degree and since the divorce she has been working. Probably making around 40-50K a year plus the $4k I give her a month in alimony. She sold the house, I gave her the equity and she downsized. Is there anyway for me to get out of lifetime alimony ? She is in a better... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 23, 2020

You need to read your divorce decree (marital settlement agreement) to see if your alimony is modifiable. If yes then you can return to court for a modification. You will also have an opportunity to modify when you retire.

View More Answers

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Me and my exhusband divorced now he back in don’t pay anything except child support do i count him in household?

We have two girls one autistic i receive ssi for her

Victoria Lyn Anderson
Victoria Lyn Anderson answered on Feb 22, 2020

I’m not completely sure I understand your question but if you are filling out a form and it asks for who resides in the home you want to be sure to answer it truthfully. I would suggest contacting and attorney though to ask your question so it can be answered fully because it could depend on what... Read more »

3 Answers | Asked in Divorce for Florida on
Q: I'm filing for divorce. Do I have to mention my child that is not from my husband in divorce papers?

I'm filing for divorce. My husband is not a biological father of my child that was recently born. He knows that and already signed affidavit of non-paternity. He is willing to get divorce as much as I do. We don't have assets or debt to divide. The lawyer suggested not to mention the child in... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Feb 21, 2020

You will need to mention any minor child that was born during the marriage. Therefore, you must include your newborn child. Your spouse will then need to file a petition to disestablish paternity (which should be done in the same divorce proceedings). I suggest you consult with a divorce attorney... Read more »

View More Answers

1 Answer | Asked in Divorce and Tax Law for Florida on
Q: Middle of a divorce...can my husband steal our entire tax refund after promising in written email half our refund?

My soon to be ex husband begged to file tax return jointly in January as soon as he got his tax documents. I expressed I didnt trust him, and that he would steal money from me. He told me I was crazy psycho for thinking that. He sent a written email stating he would write a check for 50% of our tax... Read more »

Jean Richardson
Jean Richardson answered on Feb 18, 2020

No, it doesn't sound right. You filed a joint return, you are entitled to a portion of the refund. The joint return is marital property. You should consult with an attorney since he has one. Your attorney can see to it that you are treated fairly and equitably. Good luck!

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.