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Florida Divorce Questions & Answers
2 Answers | Asked in Divorce and Immigration Law for Florida on
Q: My husband is applying for Tps and work permit we are married but filing for divorce . Will that affect divorce?

He arrived with a K1 visa been married 2 years

Linda Liang
Linda Liang answered on Jun 13, 2021

Florida is no fault state, meaning if the marriage is irretrievably broken, judge may grant a divorce. Filing TPs and work permit should not affect divorce.

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2 Answers | Asked in Divorce for Florida on
Q: Can my wife move in new lover without filing divorce
Rand Scott Lieber
Rand Scott Lieber answered on Jun 11, 2021

Yes.

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3 Answers | Asked in Divorce for Florida on
Q: Am I able to put all divorce attorneys in my area on retainer?

If so, does the retainer mean that lawyer/firm cannot represent my spouse? Assuming there are ~30 divorce attorneys in my area and I paid a $5,000-$10,000 retainer to each would this insure they could not represent my spouse?

Tami Lane Augen
Tami Lane Augen answered on Jun 8, 2021

Interesting question. When you retain an attorney, the attorney will typically draft and file documents. Once that is done, the other attorneys would see that you have counsel of record. Theoretically speaking in a vacuum, if you retain an attorney, that attorney should not represent an adverse... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: I got married in November of 2020. I bought my house in 2015 before I met my husband. Can I lose me house in a divorce?

All household bills are in my name. His name is not on anything pertaining to the house.

Michael David Fluke
Michael David Fluke answered on Jun 4, 2021

As long as you do not put your Husband's name on the Deed, the home will always be a premarital asset and a court would be unable to award your Husband the property. Tat being said, if you are to make payments on the home or make improvement from income which is earned during the marriage,... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Child custody agreement was written up in Volusia County Florida we then got married in Texas. We are getting divorced

Wondering if a new custody agreement needs to be reached?

2017 we got a custody agreement written up in Florida

2018 we got married in Texas

We were separated after a month of marriage and are just now getting divorced in Florida

Rand Scott Lieber
Rand Scott Lieber answered on Jun 2, 2021

In what state are you getting divorced/ living in now? If you both signed the original agreement then it is a contract between the two of you. Unless you want to change it, you may be able to file it where you are getting divorced and ask the court to adopt the agreement. If you want changes it... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a full custody parent travel outside the country and leave the children with their current spouse?

Full custody parent traveled outside the country and didn't inform the other parent. There are concerns of possible child abuse by step parent left in charge of child. Can non custodian parent do something?

Rand Scott Lieber
Rand Scott Lieber answered on Jun 2, 2021

You need to carefully read the parenting plan regarding travel and right of first refusal. If the custodial parent has all of the timesharing rights then it is possible for them to travel and use their chosen caretaker. If there is a restriction it will be written in the parenting plan.

1 Answer | Asked in Divorce for Florida on
Q: Can I marry a women in another country with a pending divorce in Florida without any problems as I plan to bring her

My divorce has been pending for 5 months and it’s taking so long. In the other hand I found a bride internationally and want to start a new beginning. Can I marry her internationally and once divorce is finalized in Florida, will I be able to register my new bride if Florida without any trouble... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jun 1, 2021

NO

4 Answers | Asked in Divorce and Immigration Law for Florida on
Q: Can I get divorced in Florida?

My husband and I currently live in Florida. He is here with a work visa and I’m with a spouse visa and we’re in the process of getting our green card but we do not have it yet. Can we file for a divorce in Florida? Or do we have to file in our country where the marriage took place?

Mr Eric Klein
Mr Eric Klein answered on May 26, 2021

You ask a very good question. So long as you have been a Florida resident for at least 6 months, you can file for divorce in Florida. Good luck!

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Can I remove husband off of daughter's birth certificate if he is not the biological father?

I became pregnant with my daughter during the time my boyfriend and I were separated. It was a one time and I do not know the father. The boyfriend and I did keep seeing each other and when I found out I was pregnant I told him and I moved back in with him at 6 months pregnant.

We were... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 19, 2021

You cannot do anything. He is the legal father and the law is relatively complex in this regard. He has the right to maintain his status as the legal father and your child has the right to maintain her status of legitimacy. In terms of a timesharing schedule and parenting plan if/when you do... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: Do I need a title property lein?

In my divorce papers it states if property is sold it is to be divided equally between my ex and I. We were married over 20 years. We purchased property in Calhoun county FL 10 years before divorce. The deed was in his name as married man. We had a joint mortgage on it. We divorced. He remarried... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 17, 2021

It sounds like you should speak with an attorney as soon as possible to review your paperwork and assist you. An attorney should review your Final Judgement of Dissolution in regard to the real property issue that you describe and discuss what you could file in terms of notice in the public... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: My wife and I have been separated for 6 years. Not divorced just separated. She has a whole new family and I am raising

Our three kids. I have recently gotten an inheritance from an aunt that passed away. If we divorce is she entitled to any of this money?

Nicole Vette
Nicole Vette answered on May 17, 2021

No, but make sure to keep the inheritance in a separate account without any other funds.

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1 Answer | Asked in Divorce for Florida on
Q: Does husband need to be at divorce final hearing. In person or prob over Zoom
Tami Lane Augen
Tami Lane Augen answered on May 14, 2021

Typically no, only one person needs to appear at the final hearing. The exception is pursuant to the simplified proceeding rule, in which case, both parties attend the final hearing.

1 Answer | Asked in Divorce for Florida on
Q: Hus never responded to served div papers. I filed motion to default and it was granted. Thought that was the end. Nope

The judge defaulted my husband but there were no repercussions toward him. I still needed to fill out every form that would normally happen if he had responded. I even had to fill out the forms that HE was supposed to do. Why is this “default” even an option if there are NO penalties?

Tami Lane Augen
Tami Lane Augen answered on May 14, 2021

There is not really supposed to be a penalty, a default means that you can proceed to finalize everything without his involvement and ultimately, receive a divorce and other relief if you requested same.

2 Answers | Asked in Divorce for Florida on
Q: I have been served with divorce papers..I’m not quite sure how to fill out the answer papers...help please!!!

We have 3 kids together and we already have child support in place

Rand Scott Lieber
Rand Scott Lieber answered on May 12, 2021

You should look for a free consultation with a local family lawyer. Your courthouse may have a self help department. You can also call legal aid or the local bar association to point you in the right direction for help.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Is it possible to recover damages in Florida caused by the non-payment of family court ordered support?

Already been to court for enforcement. No action by court was taken. A partial ruling granting but also denying any action.

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

It would depend on what types of damages you are seeking. For example, the costs and fees of an attempt to enforce can be recovered/awarded by the court. However, at this point, you indicate that you have already been to court. If you are within the time period to seek a rehearing or... Read more »

1 Answer | Asked in Divorce, Child Custody and Health Care Law for Florida on
Q: What happens if my ex takes my kid to the doctor without permission?
Tami Lane Augen
Tami Lane Augen answered on May 8, 2021

It really depends on two things. First, what does your final judgment and/or marital settlement agreement say about this? Second, what is the purpose of the children going to the doctor? There is no one right answer to your question, it really depends on the facts and circumstances. It would... Read more »

2 Answers | Asked in Contracts and Divorce for Florida on
Q: Good Morning I have a decree settlement question

The decree ended on April 05, 2021 and it states the wife shall have 60 days to buy out the husband

The wife refinanced back in August 2020 so the remaining balance has to be

found on an Amortization table which the wife does not agree with

Tami Lane Augen
Tami Lane Augen answered on May 8, 2021

Your question is a bit unclear. The final judgement should provide clarity in regard to the value of the home and how much Wife should pay to Husband by a certain point in time. You may want to consider having an attorney review the final judgment and/or any settlement agreements to provide... Read more »

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2 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Can my Ex wife use the court system to force me to vacate my own home and place it on the market for sale?

We were married from 2013 to 2018 and I filed for divorce after I discovered her with another man. She left the home on her own decision, I did not force her to leave. The divorce decree states that the home wil be sold and profits split 50/50 after I receive compensation for any home repairs paid... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 7, 2021

As long as the court order did not have a deadline you will only need to show that you have acted reasonably. If she goes to court the judge would apply this reasonableness standard. You will not be ordered to vacate immediately but you may be given some deadlines to complete the process.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Located on tampa, fl. I am going through a separation with my wife. Who should leave the house to have space, me or her?

My wife wants to separate and i need space from her. She says she wont be leaving the house we rent. She is never home and barely takes care of the kids. I want her to leave so I can focus on me and the kids. Who should leave the house since its technically rented and neither of us own the house.

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

There is no legal requirement that either of you leave the home. If a Petition for Dissolution is filed, either party can seek what is called "exclusive use and possession" of the home that you and she share. Until such time as the court actually awards a party exclusive use and... Read more »

1 Answer | Asked in Divorce, Family Law and Civil Rights for Florida on
Q: I am paralyzed, I have MS

I am paralyzed, I have MS

I am indigent, as the judge said, Ms Ford makes nine times as much as I do, and she can afford private counsel.

I have advocated my position on previous counsels failure to file the mandatory disclosure upon filing in accordance with the rules for months.... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

Hi, it is not clear what your question is. However, you may want to see if you can obtain the assistance of an attorney from a local Legal Aid society in your county. Alternatively, contact your local bar association to see if there are any pro bono attorneys. Additionally, your local courthouse... Read more »

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