He arrived with a K1 visa been married 2 years
Florida is no fault state, meaning if the marriage is irretrievably broken, judge may grant a divorce. Filing TPs and work permit should not affect divorce.
Yes.
If so, does the retainer mean that lawyer/firm cannot represent my spouse? Assuming there are ~30 divorce attorneys in my area and I paid a $5,000-$10,000 retainer to each would this insure they could not represent my spouse?
Interesting question. When you retain an attorney, the attorney will typically draft and file documents. Once that is done, the other attorneys would see that you have counsel of record. Theoretically speaking in a vacuum, if you retain an attorney, that attorney should not represent an adverse... Read more »
All household bills are in my name. His name is not on anything pertaining to the house.
As long as you do not put your Husband's name on the Deed, the home will always be a premarital asset and a court would be unable to award your Husband the property. Tat being said, if you are to make payments on the home or make improvement from income which is earned during the marriage,... Read more »
Wondering if a new custody agreement needs to be reached?
2017 we got a custody agreement written up in Florida
2018 we got married in Texas
We were separated after a month of marriage and are just now getting divorced in Florida
In what state are you getting divorced/ living in now? If you both signed the original agreement then it is a contract between the two of you. Unless you want to change it, you may be able to file it where you are getting divorced and ask the court to adopt the agreement. If you want changes it... Read more »
Full custody parent traveled outside the country and didn't inform the other parent. There are concerns of possible child abuse by step parent left in charge of child. Can non custodian parent do something?
You need to carefully read the parenting plan regarding travel and right of first refusal. If the custodial parent has all of the timesharing rights then it is possible for them to travel and use their chosen caretaker. If there is a restriction it will be written in the parenting plan.
My divorce has been pending for 5 months and it’s taking so long. In the other hand I found a bride internationally and want to start a new beginning. Can I marry her internationally and once divorce is finalized in Florida, will I be able to register my new bride if Florida without any trouble... Read more »
NO
My husband and I currently live in Florida. He is here with a work visa and I’m with a spouse visa and we’re in the process of getting our green card but we do not have it yet. Can we file for a divorce in Florida? Or do we have to file in our country where the marriage took place?
You ask a very good question. So long as you have been a Florida resident for at least 6 months, you can file for divorce in Florida. Good luck!
I became pregnant with my daughter during the time my boyfriend and I were separated. It was a one time and I do not know the father. The boyfriend and I did keep seeing each other and when I found out I was pregnant I told him and I moved back in with him at 6 months pregnant.
We were... Read more »
You cannot do anything. He is the legal father and the law is relatively complex in this regard. He has the right to maintain his status as the legal father and your child has the right to maintain her status of legitimacy. In terms of a timesharing schedule and parenting plan if/when you do... Read more »
In my divorce papers it states if property is sold it is to be divided equally between my ex and I. We were married over 20 years. We purchased property in Calhoun county FL 10 years before divorce. The deed was in his name as married man. We had a joint mortgage on it. We divorced. He remarried... Read more »
It sounds like you should speak with an attorney as soon as possible to review your paperwork and assist you. An attorney should review your Final Judgement of Dissolution in regard to the real property issue that you describe and discuss what you could file in terms of notice in the public... Read more »
Our three kids. I have recently gotten an inheritance from an aunt that passed away. If we divorce is she entitled to any of this money?
No, but make sure to keep the inheritance in a separate account without any other funds.
Typically no, only one person needs to appear at the final hearing. The exception is pursuant to the simplified proceeding rule, in which case, both parties attend the final hearing.
The judge defaulted my husband but there were no repercussions toward him. I still needed to fill out every form that would normally happen if he had responded. I even had to fill out the forms that HE was supposed to do. Why is this “default” even an option if there are NO penalties?
There is not really supposed to be a penalty, a default means that you can proceed to finalize everything without his involvement and ultimately, receive a divorce and other relief if you requested same.
We have 3 kids together and we already have child support in place
You should look for a free consultation with a local family lawyer. Your courthouse may have a self help department. You can also call legal aid or the local bar association to point you in the right direction for help.
Already been to court for enforcement. No action by court was taken. A partial ruling granting but also denying any action.
It would depend on what types of damages you are seeking. For example, the costs and fees of an attempt to enforce can be recovered/awarded by the court. However, at this point, you indicate that you have already been to court. If you are within the time period to seek a rehearing or... Read more »
It really depends on two things. First, what does your final judgment and/or marital settlement agreement say about this? Second, what is the purpose of the children going to the doctor? There is no one right answer to your question, it really depends on the facts and circumstances. It would... Read more »
The decree ended on April 05, 2021 and it states the wife shall have 60 days to buy out the husband
The wife refinanced back in August 2020 so the remaining balance has to be
found on an Amortization table which the wife does not agree with
Your question is a bit unclear. The final judgement should provide clarity in regard to the value of the home and how much Wife should pay to Husband by a certain point in time. You may want to consider having an attorney review the final judgment and/or any settlement agreements to provide... Read more »
We were married from 2013 to 2018 and I filed for divorce after I discovered her with another man. She left the home on her own decision, I did not force her to leave. The divorce decree states that the home wil be sold and profits split 50/50 after I receive compensation for any home repairs paid... Read more »
As long as the court order did not have a deadline you will only need to show that you have acted reasonably. If she goes to court the judge would apply this reasonableness standard. You will not be ordered to vacate immediately but you may be given some deadlines to complete the process.
My wife wants to separate and i need space from her. She says she wont be leaving the house we rent. She is never home and barely takes care of the kids. I want her to leave so I can focus on me and the kids. Who should leave the house since its technically rented and neither of us own the house.
There is no legal requirement that either of you leave the home. If a Petition for Dissolution is filed, either party can seek what is called "exclusive use and possession" of the home that you and she share. Until such time as the court actually awards a party exclusive use and... Read more »
I am paralyzed, I have MS
I am indigent, as the judge said, Ms Ford makes nine times as much as I do, and she can afford private counsel.
I have advocated my position on previous counsels failure to file the mandatory disclosure upon filing in accordance with the rules for months.... Read more »
Hi, it is not clear what your question is. However, you may want to see if you can obtain the assistance of an attorney from a local Legal Aid society in your county. Alternatively, contact your local bar association to see if there are any pro bono attorneys. Additionally, your local courthouse... Read more »
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.
