As Florida is an equitable distribution state, without any other facts, your spouse would be entitled to 50% of the house in the event of a divorce. I hope this helps. Good luck!
Attachment C of Standing Family Law says to attach "a current, fully executed Financial Affidavit" to my Pretrial Statement.
Does that mean I have to include paystubs and receipts of how I've spent my income since the divorce was filed? Do I attach that to my current... Read more »
I have answered several of your questions this morning, but I can't give you a reliable answer to this one. I don't know if the instructions tell you to attach paystubs and receipts or not. I suggest you consult with an attorney practicing family law in the Florida county where this... Read more »
It says:
"Exhibits should not be filed with the court, however, must be delivered to the opposing party at the time of delivery of the Pretrial Statement."
But you're supposed to attach to the Pretrial Statement:
4. "Copies of all photographs, exhibits... Read more »
Yes, you are right: the standing order seems to contradict itself. I think what it means is that you don't attach THE ORIGINALS, but you should attach copies (to the one you file, as well as to the copy of the pretrial statement you give to the other party).
Written... Read more »
Standing Family Law
16. DISCOVERY
... If one Party requests the deposition of a witness listed in the Pretrial Statement and the other party does not cooperate in scheduling the same, the Court shall consider any sanctions, including excluding the witness. ...
Does that mean... Read more »
No, that's not what it means. A deposition is the taking of testimony of a potential witness OUT OF COURT. If they were to want to do that, the quoted language means that you should cooperate. In your case, apparently the other party intends to call witness to the IN COURT hearing. If your... Read more »
Yes.
My wife's little sister came to see us. After staying a little over a week, my wife flew out Saturday to take her back. This time she took our kids too so that they can see their grandma. She said they have tickets to come back Monday so my daughter only misses one day of school and rhwy can... Read more »
The courts here in Florida have exclusive jurisdiction over the children's' custody for the next six months. So if you wife were to sue for divorce including custody she couldn't sue in whichever state she took the kids to.
I filed for divorce after my wife left me for another man. I am a retired us veteran who spent two years in the Veterans I will pay child support, that is not the issue, but if I refuse to pay this amount can I eat elect to go to jail instead and then no longer be financially responsible for that... Read more »
If a person willfully violates a court order then the judge can hold the defendant in contempt of court and said person can be subject to arrest and incarceration. However if the order can not be complied with due to a change in circumstances then application to the court can be made to modify the... Read more »
While we have no court-ordered parenting plan, we've been operating on agreements for the rotation of our child. Our latest agreement, in writing, was a 2-week rotation. She suggested a 2-month rotation, which I rejected in writing.
In keeping with the 2-week rotation, I've... Read more »
No, I doubt a sheriff or other law enforcement officer will assist you without a court order.
No kid together, but we did. Is there a lawyer who would take my case up front and take money after the win?
Attorneys are in general not allowed to agree to contingent fees in domestic relations cases.
what are the laws in florida i read 20 day abandonment but what to know what are my options so if she decides to come back an break a window or destroy my stuff
You could charge her with criminal conduct, but the police might well figure that since you are still married she could have some sort of defense to the charges. So you should get an order in the dissolution action providing that she stay away from your residence.
I am caretaker and poa of my friend who had a massive stroke. His wife divorced him during the incident and made a new account for him and has been taking his money as well as his sister in law through venmo or paypal. I have tried everything and no one can do anything. The bank says call online,... Read more »
Contact the local law enforcement agency and ask that they do a fraud investigation.
If I put down the ENTIRE down payment, and closing costs on a condo, and his name is not on the mortgage, does he get rights to the condo? His name is only on the condo, but hasn't put any money into it i.e down payment, electric costs, internet, cable, furniture, etc.
The reason for... Read more »
Very good question. It appears from your question that his name is on the deed. As such, as Florida is a title theory state, the fact that his name is on the deed provides him 50% ownership no matter who made the down payment. Further and assuming the condo was purchased during the marriage, the... Read more »
We are married 20 years. I'm disabled and dependent on his income. We live in Pensacola FL.
Yes. Are you filing for divorce? Please consult with a local attorney to discuss your options. Best of luck!
When I sold it I had to pay husband's judgment liens that attached to his share. Does husband owe me the money I paid due to his breach of the settlement agreement?
Probably. Have your attorney review the settlement agreement.
I need help with my divorce. My ex moved out of state to Indiana with our daughter without my permission, and I'm in FL. Juristiction issues ........
If the child was removed from this state and has been in Indiana for less than six months, jurisdiction would be in Florida. But you will probably need an Indiana attorney as well as a Florida one.
Oct 2018 I bought a house with my gf at the time. I sold my previous house, boat and truck and used that profit to make the down payment on $50K or so. She put in $0. We are both on title, but i'm the only one carrying the mortgage. We moved in and each split the mortgage, everything else i... Read more »
Yes, the judge can do that. The property clearly seems to be marital property, assuming "she" is your wife.
My girlfriend is being blacked mailed by her husband and threatening her that he will ruin her career and take everything away from her if she divorces him. He verbally and emotionally abused her. He uses religion to shame her and family as well. He has emails, text messages and pictures of us and... Read more »
Get her an attorney.
Wife served me with nearly blank divorce papers and never responded to my counter petition or amended counter petition. Other than initially being served by the sheriff, she has failed to e-serve me properly with any other documentation nor has she amended any of her blank documents, other than the... Read more »
Motions for default are usually a waste of time. However, based on the procedural facts you presented, you can draft and file a motion to compel an answer to your counter-petition, and to compel production of documents requested, which your spouse must respond to or be sanctioned for not... Read more »
Does that affect the house in co-ownership?
Yes. The spouse of your co-owner could be awarded some or all of the co-owner's (half) interest in the house.
I required a prenup back then since I had most of the assets and a thriving business. Now, after my business failed 5 yrs ago, my income and retirement is only 142K a year. Her net worth is triple mine since I have been paying all the bills and living expenses, but did not have to. The prenup says... Read more »
Yes, she can probably enforce it. But a divorce attorney had best look at it to be sure.
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