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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: Can my husband just divorce me and not leave me a penny as he says?
Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

You have the right to seek alimony. The judge will evaluate whether you have a legitimate need for alimony and whether your husband is able to pay it. Alimony might be awarded indefinitely or for a set length of time by the judge.

If the judge decides to award you alimony, the judge will...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: He is taking job out of state, how will it affect my case if I file for divorce? The children and I will not be moving.

He is the sole income provider (82k). I am a full time student paying cash for my education.

We have been married 11 years with 2 shared children age 8 and 12. We have never owned a home. His car is valued around $3k, mine is valued much less (it is 30 years old). No other assets. Combined... Read more »

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

Even if your husband will soon move out of state, you can apply for divorce if you have both lived in Florida for at least 6 months. If you and your children do not wish to move with him, you must demonstrate that they are better off staying with you and that the move is unnecessary.

Keep...
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1 Answer | Asked in Child Support and Divorce for Florida on
Q: I want to divorce my wife of 20yrs and I have 2 kids 16 and 12. We are having problems with our intimate relations.
Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

First, find a lawyer who will represent you from the start and walk you through the process.

Florida is a “no fault” divorce state, which means that spouses only need to tell a court that the marriage is “irretrievably broken” in order to get a divorce. You can file a petition...
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1 Answer | Asked in Divorce and Child Support for Florida on
Q: In the signed divorce my ex spouse accepted all proceeds from the sale of the home instead of child support

Can she come after for support now that she has decrease her income?

Rand Scott Lieber
Rand Scott Lieber answered on Jan 18, 2022

Legally child support can be modified until the child turns 18. However, you should receive a credit for the exact dollar figure of your share of any proceeds that went to your ex. Speak to a local family law attorney for more specific advice.

2 Answers | Asked in Divorce for Florida on
Q: Can I ask the court to amend the divorce decree to show her having responsibility of paying for the mortgage?

There was no prior stipulation stating who was responsible. She pays the mortgage and she lives there with my minor son. I’m trying to purchase another home for myself, but cannot because the lenders think I’m paying the mortgage

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 18, 2022

No. You agreed to be responsible for paying the mortgage note. The court cannot amend that contract because the lender is not a party to the divorce.

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1 Answer | Asked in Divorce for Florida on
Q: Married and the house we live in was n his name then changed it to his trust . In the divorce do I get any of the sale

He is planning to sell and leave me without nothing, can he do this since it’s in the trust name after the marriage?

Rand Scott Lieber
Rand Scott Lieber answered on Jan 10, 2022

Generally speaking you accrue a marital interest in the home during the intact marriage. He may be entitled to a non-marital portion depending on the specific facts, like whether he owned the house before you married. You would also need to carefully review the trust documents which you say were... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Can she use it against me AFTER a divorce?

Hello, I have been divorced with my ex-wife for 5 years, but I am still paying her phone bill. Her line is on my account. We don’t have kids. I don’t pay alimony or anything else just her phone. Can she use that against me in the future? Although we are divorced does that connect us in any... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2022

No, the fact that you are paying her phone bill doesn't somehow make you still married, it that's what you are asking. Your divorce decree should specify your mutual financial obligations.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Florida on
Q: Abusive marriage

I'm stuck in an abusive marriage. I am trying to get away but have had trouble finding a lawyer to assist me and the children. He controls our money and finances (removed me from our joint accounts so I have no access) and does not give me access to any money. Now he's taking away my cell... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 31, 2021

You obviously used something, whether it was a phone or a PC to ask this question. Use that same device to contact your doctors and other people who might assist you. You need to file in court for divorce and, at that same time ask for a temporary order requiring your husband to pay, while the... Read more »

2 Answers | Asked in Divorce and Child Custody for Florida on
Q: If you get a paternity test done for someone in a different state, does it go by your state laws or theirs?

The father of my daughter lives in a different state (South Carolina) while I live in Florida. If I need to prove paternity, will the case be by Flordia Law or South Carolina Law?

Mr Eric Klein
Mr Eric Klein answered on Dec 16, 2021

You've raised a complex jurisdictional issue. Although you and the child reside in Florida, if Dad files a paternity case in SC before you file a case in Florida, SC law will prevail; but only as it relates to establish paternity. SC does not have the authority to order child support or... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How do I legally disprove paternity in my divorce case?

My ex and I were separated, living in different states when I got pregnant with my daughter. He doesn't want to be her legal father and I don't want him to be either. Her biological father didn't want to be involved in her life and he's had no contact with her most of her (2 years) life.

Stephen Arnold Black
Stephen Arnold Black answered on Dec 14, 2021

OK so there is a presumption that any child born during the marriage would be the child of the man that you were married to. To disprove that, you would bring a paternity action against the biological father and the DNA test would most likely as you suggest, conclude that he is the father. Once... Read more »

1 Answer | Asked in Divorce for Florida on
Q: I asked my husband for a divorce a few months ago, the house is a living hell for everyone.

Since asking for a divorce I have refinanced the house under only me, my soon to be ex will not leave until he gets money from my refinancing. He says he needs to stay here until he can get approved for a house loan, he refuses to go to relatives house, or rent. He is an alcoholic and verbally... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 10, 2021

You need to file for divorce in order to receive the protection/ enforcement power of the court. In the filing you can ask for exclusive use of the house while the divorce is pending. Assuming that the house was marital then he will be entitled to half of the equity as a starting point. Look for a... Read more »

2 Answers | Asked in Divorce for Florida on
Q: My fiance is incarcerated ,she needs to file for divorce.if she gives me full power of attorney can

Can I file forms for her at clerks office

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 9, 2021

A power of attorney appoints an attorney IN FACT not an attorney in law. So no, unless you are licensed to practice law, you cannot file documents with the clerk of court in her behalf. And practicing law without a license, and that is what you would be trying to do, is a crime.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: What’s the better to be on a title or not if we might will divorce?

My husband and I live in Florida. He has a house in Michigan and it is going to be on his name in a couple weeks. Is this better if my name is on the title or better to be off. We have a daughter. What would be the best if we maybe in the future will divorce

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

Your question is more complex than you think. Your husband (or the two of you) should discuss what you want to happen with the house in the future. It sounds like you are describing an inheritance. At this point in time (before it is in his name) it sounds like a non-marital asset, meaning that... Read more »

1 Answer | Asked in Bankruptcy, Contracts, Divorce and Family Law for Florida on
Q: We live in Florida but we're married in Las Vegas, Nevada.. should we sign a CMA in Florida and where would we file it?

What are the benefits to filing CMA?

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

What's a CMA? None of these seem to fit:

https://en.wikipedia.org/wiki/CMA

1 Answer | Asked in Divorce for Florida on
Q: I was awarded my Honda in divorce but the ex has it
Rand Scott Lieber
Rand Scott Lieber answered on Dec 3, 2021

If a court order (Final judgment of divorce) has granted you property then you can return to court on a Motion to Enforce the court order.

1 Answer | Asked in Divorce, Real Estate Law and Tax Law for Florida on
Q: Do I still have to pay taxes on the sale of a house that my name wasn't on just because we were married at time of sale?

We sold the house we were living in and were married at the time of the sale. My name was never on any paperwork for the house. We are now going through a divorce and he is trying to say that I still have to pay half the taxes on the house because we were married at the time of the sale.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 23, 2021

Are you asking about federal income tax "on the sale of a house" ( I.e.: capital gains)? Probably.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Legally married can I buy a house ?

I’m legally married but separated meaning I moved to another house we are planning to file a divorce but since we have a child together that may take some time and while I m looking to buy a house what can I do so he doesn’t have any rights to share property with me since I m buying by myself I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 18, 2021

If you can get him to sign one, probably. It should perhaps recite the circumstances and the intent.

1 Answer | Asked in Divorce for Florida on
Q: married for 5 years - now divorcing.

married for 5 years - now divorcing. She is on the mortgage alone we are BOTH on the deed. so now she just wants me off the deed, however I don't think so. she will keep the house Ill leave , but do I get something from the house?

Michael  Mayoral
Michael Mayoral answered on Nov 12, 2021

Consult a family law/divorce attorney before you sign absolutely anything. Pay for the attorney if you need to. The home is likely considered marital property (50% of it is likely yours, generally speaking).

1 Answer | Asked in Divorce for Florida on
Q: Do I have a right to recop money that I have put into my wife's house in a divorce.

We are getting divorced after 2 years and I have invested money and time into the house. Since I had a mild heart attack she wants the divorce.

Michael  Mayoral
Michael Mayoral answered on Nov 1, 2021

Generally, the home should be considered marital property (split 50/50). I don't know if you will be able to get back (dollar per dollar) what you put into the property, as you two shared assets while being married. However, this is a question better asked to the attorney handling your side of... Read more »

2 Answers | Asked in Bankruptcy and Divorce for Florida on
Q: Ex-husband is filing Chapter 13. According to the divorce decree, he was to buy me out of my interest in the house with

36 monthly payments, after which I was to file a Quit Claim. How does his filing 13 affect his monthly obligations to me? Thanks in advance...

Timothy Denison
Timothy Denison answered on Oct 28, 2021

Doesn’t affect them at all. He’s still obligated to pay you per the decree.

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