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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: Married purchased house in Florida he’s not on note or deed this year. If someone else is on deed can spouse be evicted

We are both from sc

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

Yes, if the mortgage note is not paid, everyone in it can be evicted.

1 Answer | Asked in Divorce for Florida on
Q: I discovered my wife has been unfaithful now she wants a post-nuptial. Should I sign.?
Nicole Vette
Nicole Vette answered on Sep 22, 2021

It really depends on what it says.

1 Answer | Asked in Divorce for Florida on
Q: How to reopen a closed divorce that was not finalized

I filed for divorce in 2019 and my other half was never served as they couldn’t locate him due to him being homeless. I didn’t pursue it much further and now the case is closed, but It wasn’t finalized. It was closed due to lack of activity. Do I reopen the case or start a new petition?

Rand Scott Lieber
Rand Scott Lieber answered on Sep 21, 2021

It should be less expensive to reopen as opposed to beginning a new case. Check the fees with your local clerk's office. You will still need to serve him. There are other methods such as service by publication when a person cannot be found. Look for a free consultation with a local family attorney.

1 Answer | Asked in Divorce for Florida on
Q: When getting divorced, can my husband claim a house that I got while we were separated?

We have been separated for almost two years and I want a divorce. I am also about to buy a house. Can he claim any part of the house while going through a divorce?

Opal Phiona Lee
Opal Phiona Lee answered on Sep 19, 2021

He certainly can. Usually, a court may use any of 3 dates when valuing assets and liabilities: 1) date of separation 2) date of filing the divorce petition or 3) date of final judgment. There are different circumstances which may warrant which date is used. Of course, you and your attorney would... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a judge require me to sign a quick claim deed with no legal standings.

I just went through a divorce and the judge granted my ex the home. She asked for the home so she could sell it to pay her student loans but never filed anything in court about how much these loans are or anything except she painted the house and put a fence up. Is there someway i can have this... Read more »

Linda Liang
Linda Liang answered on Sep 17, 2021

The judge must have issued an order. It does not seem that you understand the process well. You should hire an attorney to review your documents and tell you what is really going on.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: I filed a supplemental petition for modification and my ex has not responded in the allotted time. What do I do next?

I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

Contact the judge's assistant and ask if you need to schedule a hearing or, alternatively, if the judge will rule on your supplemental petition without a hearing.

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1 Answer | Asked in Divorce for Florida on
Q: My husband made me sign papers for divorce after he filled out what he was getting and what I was getting. He also empt

Out the joint account 2 months ago. Sole support for me last 6 years married 3. He had also took the breaker and thermostat so I had no air cond. And after a week gave it back. He makes 90+ per year and per his lawyer consultation to not help me out with bills . Shows ability to pay. I have... Read more »

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

You need to look for a local family lawyer that offers a free or low cost consultation as soon as possible.

2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: Hello, I am a mom in the process of separation from my husband. Is it a good idea to sell my house?

We purchased the house before we got married. I don't have money or a place to go but he suggested that we sell the house... what should I do?

Linda Liang
Linda Liang answered on Aug 29, 2021

You should not before you understand the ownership of the house. You should talk to an attorney.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: I understand the parenting plan covers until child is 18. How long in advance (1yr,6mo?)are highly structured plans done

I get the plan covers until the children are 18. We have equal custody and do week to week. We alternate holidays and have a separate summer schedule. We use this schedule to plan our future trips. My ex only wants to establish this schedule 2-3 months in advance, however I would like a longer term... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

In a Divorce process, when a parenting plan is established, it is typically done for the duration of the child's minority and it is a plan that can be used from year to year. The Court will not keep a case open so you and the other parent can be changing the plan every few months. A parenting... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Q: Wife walked out on me and daughters

We - myself, my wife of 22 years, eldest daughter 21 and twin girls 16 - immigrated to St Augustine FL from South Africa in March 2020 via sponsorship by my brother. We all have permanent residence green card. A couple of months ago my wife got a new job and on the day the twins came home from... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

You should file a Petition for Dissolution of Marriage and request that the Court sets a timesharing with your daughters and their mother and establishes child support.

DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts...
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1 Answer | Asked in Divorce for Florida on
Q: Should I pay my ex half of e-file divorce?

Why does he need my new phone number? I got so he don’t contact me. He knows my address why do I have to confirm?

Can you confirm that your address is the same and your new phone number? Once I have the documents ready for your signature, I will give you a call or text to meet in a public place.

Camila Martin
Camila Martin answered on Aug 27, 2021

The petitioner filing the case is the person that pays the fees to the Court. You are not obligated to pay those fees but it is up to your discretion whether or not you wish to contribute to half the cost if it will help with a more amicable process.

DISCLAIMER: The answer provided here do...
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1 Answer | Asked in Divorce for Florida on
Q: What happens if you run out of money in a divorce case
Camila Martin
Camila Martin answered on Aug 27, 2021

You will have to be more specific on your question in order to be able to get a better response. If you run out of money because your assets are depleted, then the Court will have nothing to distribute among you and your spouse. If you run out of money and can no longer afford a lawyer, you will... Read more »

2 Answers | Asked in Divorce for Florida on
Q: I would like to know my rights as a grandmother

I have watched my granddaughter everyday sense she was born and provided everything for her except diapers and wipes. She is now three and her parents are getting a divorce.all of a sudden her mother texted me to tell me she would not be coming to drop her off anymore as she put her in day care.... Read more »

Mr Eric Klein
Mr Eric Klein answered on Aug 25, 2021

Unfortunately, Florida does not recognize the rights of grandparents whatsoever. Under the Florida constitution, parents have an absolute right to privacy to raise their children anyway they see fit so long, of course, as a child is not harmed in anyway. As a grandparent, the only rights you have... Read more »

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2 Answers | Asked in Child Custody and Divorce for Florida on
Q: Good Morning, Looking for advice on divorce that includes spousal abandonment. What rights do I have?

Spouse abandoned the home in November 2020 and hasn't helped financially.

Nicole Vette
Nicole Vette answered on Aug 24, 2021

Florida is a no fault state so there are no longer required grounds to get a divorce. I recommend filing for divorce and seeking child support (if applicable) and alimony (if applicable).

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3 Answers | Asked in Divorce for Florida on
Q: My wife walked out on me 3 months ago and left me with our daughters - please help

We immigrated to USA from South Africa in March 2020. My wife of 22 years got a new job and she has left me (having an affair with her new boss) and our twin daughters aged 16. She does not pay child support, she only drops of a few bags of groceries every month, estimate about $140 worth total... Read more »

Nicole Vette
Nicole Vette answered on Aug 23, 2021

You should file for divorce and then file a motion for a temporary child support order.

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1 Answer | Asked in Divorce, Civil Litigation, Domestic Violence and Legal Malpractice for Florida on
Q: Conflict of interest

Partners

Nicole Vette
Nicole Vette answered on Aug 21, 2021

If you no longer trust or have faith in your attorney it sounds like you should consider hiring new counsel.

3 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Florida on
Q: Can my ex husband stop by the house our children reside at when we have a court order that he gets supervised visits?

My ex and I are not together due to domestic battery. I had a restraining order for two years and was not able to renew it because he had not contacted me. Since his battery charge against me he has been arrested 3 times for battery and convicted once. He and I own the house that my children and I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 20, 2021

I can read this incident another way: Perhaps your husband brought a cop with him when wanted to give his children something--at a time he knew you would not be there--just to be sure you could not renew your outdated domestic battery retraining order. He probably also wanted to avoid a nasty scene... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: Admissable or not video of my dog shaking years ago, when I only heard audio background recent of husband engaged in sex

No

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 20, 2021

It's inadmissible because, among other things, adultery is irrelevant in a divorce; it has been irrelevant for a very long time.

3 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My divorce papers state to return the children 7 days prior to the start of school. How is this calculated?

If I have to return the children to the other parent seven days prior to school recommencing on 2nd September at 8am, would this be on 26th August or specifically before 8am on the 26th? My understand is that it refers to a date rather than a time. This is written in a FL divorce agreement if this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 20, 2021

I would say that your understanding is correct: some time on August 26th. As one of the parties to the agreement, and if that was your understanding, it's arguable that such was the intent of the parties (or at least one of them). If the other parent wants it clarified, he or she should ask... Read more »

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2 Answers | Asked in Child Support and Divorce for Florida on
Q: Can I prove to court I’ve been paying my ex directly for child support so I won’t have to make retroactive payment?

I calculated monthly support payments online with Florida child support calculator and would like to pay her that amount until the court case is final.

Nicole Vette
Nicole Vette answered on Aug 20, 2021

Yes, but no cash as there is no paper trail and clearly put child support in memo line.

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