01/2001 - Husband completed construction on new home & moved in.
2/11/01 - We began living together in his home and combining incomes into one account, paying all bills together,
12/12/03 - Got engaged
3/8/05 - Husband was injured in an accident at work & became... Read more »
answered on Sep 26, 2022
If you have lived together in the home and supported the home financially for the past eight years then you have a marital interest in the home. Whether your interest is half is a more complex question. He may have an argument that his settlement was a non-marital asset that should be returned to... Read more »
Both of us are on the lease, and he could not afford it without my income. I want to file for divorce, but it seems pointless if he refuses to leave. He has not contributed financially for at least 7 years. I'm willing to work with him on things like health insurance, temp alimony, etc, but I... Read more »
answered on Sep 25, 2022
When you file for divorce, one of the things you should ask for would be that he be ordered to move out.
Does wife have claim of any of this money. When married I had already stop contributing to it
answered on Sep 24, 2022
If spouse 1 made no contributions during the marriage then they can argue that it is a non-marital asset. Spouse 2 would need to prove that spouse 1 somehow used it or commingled it during the marriage in order to make it part of the marital estate. For example, if spouse 1 took a loan against it... Read more »
I want to leave my boyfriend and want to take the property that was mine with me.
If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.
answered on Sep 19, 2022
File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.
Talk to your attorney to know how best to proceed.
There is undisclosed $$ accounts and rental property income .
answered on Sep 16, 2022
If you and your husband lived in NYC when you were married it may be appropriate for him to file the case in NYC but more information is needed in order to provide you an appropriate response. Given that he has filed a case in NYC it would be prudent to contact an attorney in NYC to assist you with... Read more »
This is in Florida. Both vehicles are solely in the other spouses name. I am trying to take the one in my name and give her the one in her name until we get divorced and can figure it out in court. She is objecting but the divorce has not been filed yet. Both vehicles are being financed
answered on Sep 12, 2022
You do not mention if the other party is objecting. Generally when a divorce is file the expectation is that both parties will maintain the status quo, financial and otherwise. You should continue to use the vehicle that you have traditionally used. If that requires a change then you must either... Read more »
We moved from IL. I worked at a school, received unemployment which paid off all credit cards, his car, moving box, loan, his air b&b (he moved down in August/family in Nov) I am now contemplating divorce. Been married 7 years.
answered on Sep 7, 2022
The general rule is that everything that you acquire during the marriage, both debts and assets, are considered marital. The home, being it was purchased during the marriage would most likely be marital but we would have to do a complete assessment of your case to say for sure.
How do I apply for spousal maintenance until I am able to afford the bills he left me with him bring sole provider in our household
answered on Sep 5, 2022
You can either file for divorce (recommended) or file a petition for support unconnected with divorce. The divorce would handle all the issues pertaining to your marriage including the custody of the children, division of assets and debts, as well as both alimony and child support. The petition for... Read more »
He is a co-owner of the property that we bought.
answered on Sep 5, 2022
We would recommend you meet with an attorney as more information is needed to answer your question. Generally speaking, any assets or debts acquired during the marriage are considered marital regardless of whether the title is held jointly or individually. But there are certain exceptions.
I would like to know what my husband can & can't do after 16 years of marriage and not allowing me to work & has supported me and my way of living for the past 16 years.
1.An attorney said he could open a new bank account with no obligations to maintain money to me is that... Read more »
answered on Aug 23, 2022
While you are married, generally, each of you are free to do what you want. It is only when a divorce is filed that you can receive the protections that I believe you are seeking. Alimony is based on several factors but the focus is based on two main factors which are need and ability (your need to... Read more »
My wife moved the kids from our home in Melbourne, Florida without telling me. I am still providing financial supporting to the kids. The kids are 7 and 5 years old. My wife told me that she enrolled the kids in a school in Maryland without my consent. What are my rights and responsibilities?
answered on Aug 18, 2022
Hire an attorney. The attorney will go into court and file an Emergency Motion for Pick-up. You could have the kids back with two to three days. Good luck!
My wife moved to Maryland with our two kids without my consent and knowledge. I still provide her with financial support for the sake of the kids. She left Florida on July 11, 2022 (38 Days ago as of August 18, 2022). I would like to file for divorce first and deal with custody issue later. We do... Read more »
answered on Aug 18, 2022
We would need more information to answer this question. For example, how long has she been out of state as this will have an effect on jurisdiction. It may be best to contact an attorney to discuss your case before proceeding.
answered on Aug 15, 2022
No. You do not need to live separately before filing for divorce in Florida. You also do not need to live separately during the divorce if you can safely live together. One of you has to be a resident of Florida for 6 months and the marriage is "irretrievably broken" which means there... Read more »
answered on Aug 14, 2022
The cheapest route is if you and your spouse are in agreement with all the terms and can file an uncontested divorce. If you cannot come to an agreement on all the terms a contested divorce will need to be filed which is alot longer and more expensive. As for the cost, you would need to reach out... Read more »
She is an illegal immigrant and has lied and cheated on me with my ex-husband and is trying to use me to get a greencard. I don't have much money will have to file things myself.
answered on Aug 3, 2022
A prenuptial agreement should be completed before the marriage. You can, however, sign a postnuptial agreement after getting married. It works the same as prenuptial agreement.
She cant because she is claimed by them. Is this true? Is my friend trapped?
answered on Aug 3, 2022
What you are describing is completely false. Florida is a no fault state and you can get divorced with out restriction as long as you have lived in the state for more than six months. Speak with a local family lawyer for more specific advice.
In Florida if a mother (alive), father (deceased), and daughter (alive) own a condo with each having 1/3 share, does the daughters husband have any claim to this property?
If so, can the daughter donate her 1/3rd share back to the mother without issue from her husband or does he have any... Read more »
answered on Aug 1, 2022
Yes, her share is probably a marital asset and should be considered as such in a divorce. And yes, if the daughter attempts to convey her share to her mother, she might want to ask her husband to sign the deed by which the daughter's share is conveyed.
The papers from our divorce state that he was required to sign over his pension to me if he remarried before our youngest was out of high-school. He did remarry before that happened but never had the papers sent. I haven't questioned it because it is part of our divorce and should be honored... Read more »
answered on Jul 26, 2022
I would not wait. If you were to get his pension upon his remarriage before your child graduated from high school and there is a final judgment and a signed agreement, and those are the facts. You should ask him to sign over the pension. If he does not you should move to enforce the final... Read more »
We have been separated not legally for about 10 years but i can afford a divorce. He can afford it but he has not filed for one. I have a pending child support order. I want to get divorced.
answered on Jul 25, 2022
Contact your local legal aid society to see if you qualify for free legal help. You can also try your local bar association to see if they offer pro bono (free) services.
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.
