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In a mutual agreement divorce in which both parties have agreed on all terms and the only asset is a house listed for sale, can we include a clause in the divorce settlement that prevents either party from bringing a new partner to live in the house until the sale is finalized, even if the parties... View More

answered on Apr 21, 2025
You can IF you both agree to this provision. In reality, you will find that a clause like this is difficult to enforce. What if someone spends the night, or two nights, is that a violation? Speak with a local family lawyer for more specific advice.
In a mutual agreement divorce in which both parties have agreed on all terms and the only asset is a house listed for sale, can we include a clause in the divorce settlement that prevents either party from bringing a new partner to live in the house until the sale is finalized, even if the parties... View More

answered on Apr 21, 2025
You may include that provision in the Settlement Agreement, but ensure it contains precise terms that clearly reflect both parties' intentions. Specific language regarding obligations, timelines, and remedies for non-compliance will help prevent future disputes and facilitate enforcement. I... View More
I divorced in 2009 and was awarded periodic alimony of $800 per month. Later, my ex-husband took a pension buyout, and we both received a portion. He stopped paying alimony, and I mistakenly believed the obligation ended with the buyout. I remarried in 2017, divorced a year later, and recently... View More

answered on Apr 13, 2025
Yes, you may be able to reinstate or enforce alimony if your ex-husband stopped paying without a court order modifying the obligation. The pension buyout alone does not terminate court-ordered alimony. However, your 2017 remarriage likely ended future alimony. You may still pursue arrears from... View More
I divorced in 2009 and was awarded periodic alimony of $800 per month. Later, my ex-husband took a pension buyout, and we both received a portion. He stopped paying alimony, and I mistakenly believed the obligation ended with the buyout. I remarried in 2017, divorced a year later, and recently... View More

answered on Apr 13, 2025
Was the award of permanent periodic alimony after trial or was per a Marital Settlement Agreement? If it was an MSA it would depend on the wording whether your remarriage ended your entitlement to receive the alimony beyond the date of your remarriage.
My ex-wife was responsible for filing a QDRO with the Florida Retirement System for her share of my pension, as specified in our divorce finalized on April 29, 2004. Despite reminding her in October 2024, she has yet to file it. I'm unsure if there was a deadline for this task. There have been... View More

answered on Apr 9, 2025
If the court order is clear that it is her obligation to prepare the QDRO then you do not have to do anything. Your only obligation is to cooperate if and when she contacts you. Speak with a local family lawyer for more specific advice.
I recently discovered that my husband is cheating on me. I have not confronted him about it yet, and I'm concerned about my physical safety if I do. We haven't discussed divorce, but I have substantial evidence of his infidelity. I have family support at the moment. What steps can I take... View More

answered on Apr 7, 2025
Your only legal recourse regarding infidelity is to recover half of any money that is spent on the affair. You first need to decide if you will pursue a divorce or not. If yes, go see a local family attorney. If no, go see a local therapist who can help you, or both of you, moving forward. Speak... View More
I recently discovered that my husband is cheating on me. I have not confronted him about it yet, and I'm concerned about my physical safety if I do. We haven't discussed divorce, but I have substantial evidence of his infidelity. I have family support at the moment. What steps can I take... View More

answered on Apr 7, 2025
I’m really sorry you’re facing this difficult situation. Since you’re concerned about your physical safety, it’s important to prioritize that above all else. If you decide to confront your husband, try not to do it alone—choose a public place, have a trusted person nearby, or even... View More
I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

answered on Mar 26, 2025
Unfortunately, Florida law does not permit "self-help" evictions. Therefore, you cannot simply remove your spouse's belongings and "evict" him. Furthermore, since you are married, there may be some marital component to the property. Therefore, it is best you schedule a... View More
I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

answered on Mar 26, 2025
Even if the property is solely in your name, if it's considered the "marital residence," your husband may have certain rights to it during the divorce process. Florida courts aim for equitable distribution of marital assets. Simply because he has not contributed financially does not... View More
I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

answered on Mar 26, 2025
Since you are married, it would be better to file a divorce case so that you have the court to back you up. Currently, by virtue of being married, you both have a right to the property so there is no legal basis to put him out or remove his belongings. Speak with a local family lawyer for more... View More
I am still legally married but have been separated from my husband for 4 years. We have not signed any agreements regarding our house, which was purchased during our marriage. I am not on the deed, and I plan to file for divorce this year. I need to know if I am entitled to receive half of the... View More

answered on Mar 18, 2025
Whether you are entitled to half the proceeds from a house bought during your marriage, even if you are not on the deed, depends heavily on the laws of your specific state.
Some states are "community property" states. In these states, assets acquired during the marriage are... View More
I am still legally married but have been separated from my husband for 4 years. We have not signed any agreements regarding our house, which was purchased during our marriage. I am not on the deed, and I plan to file for divorce this year. I need to know if I am entitled to receive half of the... View More

answered on Mar 19, 2025
A home purchased during the marriage is typically considered marital property subject to equitable distribution, regardless of whose name is on the deed. The percentage you are entitled to receive is determined during the divorce process based on various factors. If your husband made mortgage... View More
I am still legally married but have been separated from my husband for 4 years. We have not signed any agreements regarding our house, which was purchased during our marriage. I am not on the deed, and I plan to file for divorce this year. I need to know if I am entitled to receive half of the... View More

answered on Mar 18, 2025
The answer to your question is not that simple. In a divorce the starting point for division of property is 50/50. However, there are many factors that can change that. For example, since you have been separated for four years I am assuming that you have not paid anything towards the house for the... View More
I am still legally married but have been separated from my husband for 4 years. We have not signed any agreements regarding our house, which was purchased during our marriage. I am not on the deed, and I plan to file for divorce this year. I need to know if I am entitled to receive half of the... View More

answered on Mar 18, 2025
Are You Entitled to Half the Proceeds? Yes, generally—If the home was purchased during the marriage with marital funds, it is a marital asset, and you likely have a claim to half of the equity. However, if your husband purchased the house with non-marital funds (such as an inheritance) and can... View More
I am in Florida and got divorced in 2019. My ex-husband and I have two children, and I have them 80% of the time since he lives in a different city from where they attend school. Our divorce agreement allows him to claim one child on his taxes. He recently hired a CPA who requires me to sign Form... View More

answered on Mar 18, 2025
If your agreement says that he can claim one child then you should just sign the form. You will lose this issue in court. You will create even more trouble if you claim both children on your taxes. If you want to change things based on new circumstances then you must return to court on a... View More
I am currently going through a divorce that was filed in Canada, and we jointly own a property in Florida. The property is held in joint tenancy, and my spouse has been residing there for the past three months while I am in Canada. There are no existing agreements or court orders regarding the... View More

answered on Mar 10, 2025
To a certain degree it will surely depend on what you divorce decree states, I would encourage that you reach an amicable resolution and compromise as it relates to the property (buyout, refinance or agree to sell the property0, if none of that can be attained, then you will be stuck with a... View More
I am a non-resident of Florida attempting to petition for divorce from my spouse who has lived in Florida for less than 6 months and refuses to acknowledge the divorce. We have no children, but there is a jointly owned house in West Palm Beach, Florida. I have initiated the divorce process in... View More

answered on Mar 10, 2025
You can file in Florida but not until she has been in Florida for at least 6 months. You can try and file it sooner than the 6 months if there would be no other jurisdiction that could address the divorce, but to be safe you would want to wait the 6 months if you can.
I filed an uncontested divorce with my spouse. We have no children, and my husband signed a waiver stating he will receive no assets. I have inherited a home and a car. Recently, a motion to vacate was filed by another party with a general magistrate. The motion was filed on February 27, 2025, and... View More

answered on Mar 6, 2025
It sounds as if once you’re former spouse found out about the inheritance, they hired a lawyer to vacate the final judgment and make a play towards that inheritance. They’re probably claiming some type of fraud on your part. However, an inheritance is not subject to equitable distribution, so I... View More
I was divorced by mutual agreement in October 2023 and agreed to pay alimony for three years. I am also responsible for all marital debt since I signed all the loans, including a $10,000 consolidation loan, resulting in an extra $150 monthly payment. The alimony agreement doesn't specify... View More

answered on Mar 3, 2025
Generally speaking, alimony os modifiable unless your agreement says otherwise. Yes, you can file a modification without an attorney. You need to compare the income numbers that were used to calculate the original alimony award versus what the income numbers are now to see if you have a valid... View More
In 2007, my parents used a quit claim deed for $10 to add my name to their house to allow me to obtain builder permits for construction. I have no financial investment in the property. I'm now going through a divorce after being married for 27 years. My name was added to the house deed 10... View More

answered on Feb 27, 2025
You should have an attorney. If you do, you should be asking your attorney this question. By virtue of you being on the deed, you have an ownership interest in it, making your ownership interest marital property in my opinion. As the other attorney points out, you have a good argument to claim that... View More
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