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Florida Divorce Questions & Answers
1 Answer | Asked in Child Support and Divorce for Florida on
Q: Me and my exhusband divorced now he back in don’t pay anything except child support do i count him in household?

We have two girls one autistic i receive ssi for her

Victoria Lyn Anderson
Victoria Lyn Anderson answered on Feb 22, 2020

I’m not completely sure I understand your question but if you are filling out a form and it asks for who resides in the home you want to be sure to answer it truthfully. I would suggest contacting and attorney though to ask your question so it can be answered fully because it could depend on what... Read more »

3 Answers | Asked in Divorce for Florida on
Q: I'm filing for divorce. Do I have to mention my child that is not from my husband in divorce papers?

I'm filing for divorce. My husband is not a biological father of my child that was recently born. He knows that and already signed affidavit of non-paternity. He is willing to get divorce as much as I do. We don't have assets or debt to divide. The lawyer suggested not to mention the child in... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Feb 21, 2020

You will need to mention any minor child that was born during the marriage. Therefore, you must include your newborn child. Your spouse will then need to file a petition to disestablish paternity (which should be done in the same divorce proceedings). I suggest you consult with a divorce attorney... Read more »

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1 Answer | Asked in Divorce and Tax Law for Florida on
Q: Middle of a divorce...can my husband steal our entire tax refund after promising in written email half our refund?

My soon to be ex husband begged to file tax return jointly in January as soon as he got his tax documents. I expressed I didnt trust him, and that he would steal money from me. He told me I was crazy psycho for thinking that. He sent a written email stating he would write a check for 50% of our tax... Read more »

Jean Richardson
Jean Richardson answered on Feb 18, 2020

No, it doesn't sound right. You filed a joint return, you are entitled to a portion of the refund. The joint return is marital property. You should consult with an attorney since he has one. Your attorney can see to it that you are treated fairly and equitably. Good luck!

2 Answers | Asked in Divorce for Florida on
Q: How much would it cost for a divorce and neither party wants anything from the other
Jean Richardson
Jean Richardson answered on Feb 17, 2020

It depends. Do you have kid(s)? Even though you don't want anything from each other, are there property to be divided? If there are no kids, no property, then it is a simple dissolution. Some attorneys have flat fee retainer and some will still charge an hourly rate. If it is a truly simple... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: Husband has asked for a divorce after 25 years. We are in FL. He, without my knowledge, bought a house.

His mother, of the family trust, of which he is a beneficiary, is on the deed. Because this house was purchased while we were still legally married, am I entitled to 50% of this asset?

Opal Phiona Lee
Opal Phiona Lee answered on Feb 15, 2020

A determination will need to be made as to whether marital funds were used to purchase the property. If only marital funds were used to purchase the property, then the property should be equitably distributed between you and your spouse - equitably distribution usually but not necessarily means... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can my ex wife sell a vehicle that still had her name on it but I was given 100% ownership in the divorce
Jean Richardson
Jean Richardson answered on Feb 13, 2020

If the cmfinal order gave you the property right, she is in contempt for violating the order. You would have to file an appropriate motion to hold her in contempt of that final order.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Should I be taking funds from our joint account?

I have been separated 2 years now from my husband and within the last 6 months have obtained a job after not working since we were married. My question is prior to obtaining my job my ex was allowing me to withdraw funds from our joint account to take care of myself and our son. Now that I have a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2020

It probably doesn't matter either way, but be sure to keep complete financial records.

If your son has been in Florida for at least six months, the Florida courts would have jurisdiction to decide custody; otherwise a divorce (including custody) would have to be brought in North Carolina...
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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Should I be taking funds from our joint account?

I have been separated 2 years now from my husband and within the last 6 months have obtained a job after not working since we were married. My question is prior to obtaining my job my ex was allowing me to withdraw funds from our joint account to take care of myself and our son. Now that I have a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 13, 2020

Your amicable relationship with your husband sounds like it is worth whatever it takes to keep it moving along well; that means you should not keep taking the same amount of money that you were taking before you found the job. I also suggest that you raise these issues with your husband--because he... Read more »

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2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Florida on
Q: Is grabbing a child by the arms squeezing, shaking them and threatening them considered corporal punishment?

In Sept 2019 I had to file injunctions against my ex husband and his fiance and contact CPS regarding Physical Child abuse. The father admitted of having knowledge and the fiance admitted to the abuse. The injunction agreement is good till April 2020. The terms agreed on were; no corporal... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2020

Yes, I suspect that the judge would find that the conduct constitutes violation of the injunction. It may also be a crime (threatening to cut the fingers off particularly).

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2 Answers | Asked in Divorce for Florida on
Q: I filed for divorce one week ago and want to file a motion to either postpone or cancel, am I then barred from filing..

Again? Or will I be able to file if things aren’t reconciled within a few months? I’m in Florida

Opal Phiona Lee
Opal Phiona Lee answered on Feb 11, 2020

You may refile later after your current petition has been voluntarily dismissed.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: I have a hearing for my divorce case addressing an order that was granted in my favor.

I had representation until recently and my evidence is on lien and I have to regather my evidence as I just found out that prior counsel did not prepare or turn in my evidence needed for the judge in time for my hearing. Now I have nothing for my hearing and have missed a deadline I was not aware... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

It never hurts your chances to file a Motion for Continuance and explain to the court why you need additional time.

Good luck,

Vanessa Vasquez de Lara, Esq.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Married 8 years to ASM. We are divorcing. What percentage of retirement, pension, and TSP am I “owed”/have a right To?

We are filing, i just dont know the logistics as far as numbers go that i have a right to as far as pension, TSP, and retirement. Also, what type of alimony do i ask for?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

The way retirement, pension, and TSP distribution looks like is based on the amount of time the person was employed prior to marriage and the amount of time married. For example, a person employed for 10 years and married 8, the marital portion is 80% of the value at the time of the divorce. This... Read more »

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Is it in my rights to give my unborn child hyphenated last name while going through a divorce

The divorce process started during the pregnancy. We filled all the paperwork out together and agreed on everything. We could not finalize the divorce due to the unborn child. Child has arrived and I decided to give the baby a hyphenated last name. I will be going back to one of my ex husbands... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

If you and dad did not agree to the child's name, then yes, this could be an issue that may delay your divorce. Basically the court would need to decide between the names that each parent wants based on what is in the child's best interest. It doesn't stop the divorce, but you'll need a hearing in... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Can CP change jurisdiction of a support order simply by moving to another county or out of state?

CS Order from Camden County. Ex moved to Seminole County, Camden County still did all deduction orders, etc. Ex moved to Florida and Camden closed the case.

Ex tried to have case reopened with only 120 days to emancipation. Camden denied request and Ex solicited Seminole County who reopened... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 2, 2020

No, double jeopardy doesn't apply in civil case, only criminal cases. What it probably would be, however is "res judicata", law-Latin for "the matter has already been litigated".

1 Answer | Asked in Divorce for Florida on
Q: What documentation will i need to claim indigent the one with dependent or without if we have no actual biological kids?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 31, 2020

You will owe child support whether or not the children are your biologically children, assuming you formally (or perhaps even informally) adopted them.

1 Answer | Asked in Divorce for Florida on
Q: How much is it to file the petition in Broward County courts and can legal Aide help me complete the paperwork?
Opal Phiona Lee
Opal Phiona Lee answered on Jan 30, 2020

The filing fee in Broward County is $409.00. Depending on your income and assets, you may be able to file an application for determination of indigent status where the filing fee could be waived. You may contact legal aide to see whether they may be of assistance. You may also contact a private... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Court arrears, please help.

I’m a divorced mother of 2. Divorced in 2005-last order from a judge (2014) was for me to pay 50.00 a month. Arrears are 21.000, the real amount already paid amount is $ 7,000 I have the receipts. My children are now 26 and 22. I’ve supported my son for 3 years he’s graduating college in... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 29, 2020

In my opinion you will have to return to the same court that entered the 2014 Order requiring you to pay the arrearage and file a motion for relief from the judgment to try to persuade the judge that--under these unusual circumstances--the total arrearage alone ($21,000--without considering any... Read more »

2 Answers | Asked in Family Law, Divorce and Child Support for Florida on
Q: Family law

I’m a divorced mother of 2. Divorced in 2005-last order from a judge (2014) was for me to pay 50.00 a month. Arrears are 21.000, the real amount already paid amount is $ 7,000 I have the receipts. My children are now 26 and 22. I’ve supported my son for 3 years he’s graduating college in the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 29, 2020

You do not mention if you are paying anything now. If there is no open court case then you can just stop paying and see what happens. The court lost jurisdiction when your youngest emancipated.

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1 Answer | Asked in Divorce for Florida on
Q: I am school obtaining a masters a family nurse practitioner. How will this effect spousal support?

I have worked fulltime until recently as an RN. I recently went PT and switched to his insurance. We have 3 children and are headed for divorce. Am I eligible for help until I finish school in Jan. 21?

Opal Phiona Lee
Opal Phiona Lee answered on Jan 27, 2020

There are a number of deciding factors to consider before determining whether it is likely that you are entitled to spousal support - such as the income of both parties and duration of the marriage. One party has to have the need and the other the ability to pay. It is best that you consult with a... Read more »

1 Answer | Asked in Divorce for Florida on
Q: There are children involved but this will b uncontested .. someone point n me the direction which wont cost so much
Opal Phiona Lee
Opal Phiona Lee answered on Jan 25, 2020

The first thing you should do is schedule a consultation with an attorney. Most of us attorneys on JUSTIA offer a free consult. The fact that it is uncontested should speed up the divorce and result in lower fees.

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