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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: My husband and i have been married for 3 years. Am i entitled to anything?

We’ve never combined bank accounts. He’s been married three times and he’s always insisted on being the provider. Even our therapist has suggested he let me pay for stuff and he won’t let me. Am i entitled to anything if we split? He’s been deceptive and untrustworthy and at this point... Read more »

Michael David Fluke
Michael David Fluke answered on Dec 4, 2020

The answer is yes. Regardless of your name not being on bank accounts or retirement accounts, you are entitled to half the assets accumulated during the marriage. Depending on the finances, you may also be entitled to some short term alimony to help re-establish yourself as a single person. I... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Do I need to give my wife lawyer proof of my defense prior to a divorce court hearing

They have reported that I was diagnosed with ptsd but was never

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 28, 2020

Yes, if you have documents you intend to introduce in an evidentiary hearing, you should send copies to her attorney in advance.

1 Answer | Asked in Divorce for Florida on
Q: In a Dissolution of Marriage when a home is one of the assets, who sets the selling price of the home?

The Husband is solely responsible for the Mortgage but both are on the Title.

Mr Eric Klein
Mr Eric Klein answered on Nov 25, 2020

A very good question. You would both mutually agreed to a price based on either an appraisal or a broker's opinion of value. In the event you cannot come to an agreement on a listing price, you would go into court and have the judge set the price. The same concept applies when you receive an... Read more »

3 Answers | Asked in Divorce and Family Law for Florida on
Q: Do I have any legal recourse to be repaid my inheritance that my ex took?

Do I have any legal recourse in getting my inheritance back from my exhusband in our divorce. While married I received a sizable inheritance that he borrowed/took and purchased himself a car, motorcycle and spent approximately 50k shopping. The motorcycle and car are in his name only.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Like many things, it depends. It depends on whether you were aware he was using it, depends whether the funds were commingled with marital funds, depends on if the assets are still around... anything purchased during the marriage is marital even if it's in only one person's name. You... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: My income is 85% of our household income, Will I have to continue to support my ex following a divorce?
Rand Scott Lieber
Rand Scott Lieber answered on Nov 12, 2020

In Florida, spousal support is based on one party's financial need, the other party's financial ability to pay, and the length of the marriage.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I’m married, my mother gifted me a house. If I sell this property and buy a new one, in divorce is it will be separated?

My mother gifted me a house, title only under my name. If I decide to sell property while still married and purchase new only using only money from my gifted property and money I have in a separate bank account from my husband. In divorce situation will it still considered to be separate property... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 11, 2020

The starting point is yes, it is a non-marital asset. You will need to be careful regarding using marital money or marital effort to maintain the house. You say that you have money in a separate bank account but you do not indicate whether the money was earned during the marriage. Each marital... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Does the divorce get filed where we lived together or in state where kids live.

When I found out my husband was cheating, he kicked me and our 4 kids out of house to move his girlfriend and her kids in. We live in MS together but when kicked out I took job and moved to FL. He is refusing to sign FL divorce paperwork, served a week ago, saying he wants divorce filed in MS.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 7, 2020

If the kids have been in Florida for at least six months, the Florida courts have exclusive jurisdiction regarding their custody. If he won't "sign ... paperwork", get him served with a summons and, if he doesn't timely file something in response get him defaulted and proceed with the case.

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: Can my legal husband try to claim rights to a baby that is not his?

I am still legally married to my husband but we have been separated for a year and both have new lives. I am currently pregnant with my boyfriends child but because my soon to be ex husband is so spiteful he is trying to claim paternity of the unborn child through “marriage” and force me to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2020

The law presumes that a baby born to a wife is the child of the husband. So yes, he can make that claim. Request a DNA test.

1 Answer | Asked in Divorce for Florida on
Q: My wife moved out in February 2019. We have not filed any paperwork. Are we considered legally separated?
Mr Eric Klein
Mr Eric Klein answered on Oct 9, 2020

Florida does not recognize "legal separation." I hope this helps. Good luck.

1 Answer | Asked in Divorce for Florida on
Q: we own two condos one was quick claim to my wife from mother. If we separate can she deed it back to her behind my back

I would like to know if she can do that without my knowledge if we were to separate as she was trying to do that when we talked about it. We have been living in it two years then bought a house and we rent it out along with another one

Rand Scott Lieber
Rand Scott Lieber answered on Oct 7, 2020

If she does a quit claim deed while you are married there will be a cloud on the title (a problem). Any person who is married must have their spouse sign off on a property transfer to convey a clean title. She may be able to do it but she will be creating problems for the future.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: How and when to get a quitclaim deed/refi a mortgage after divorce?

Our divorce is just finalized and my husband's interest in our home is being transferred to me. We are both on the Mortgage. I know I need to refi to remove him from the debt, but how do we go about the quitclaim deed? Is that done before mortgage refi, at time of refi, or after the refi?... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 5, 2020

The best way is to get the quit claim deed executed now. You will then hold the deed until you refinance at which time it will be filed by whoever handles your closing. This way you do not need to chase down your ex in the future when you need the deed.

1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: If i buy a house in Florida without my spouse and we divorce later, does she get the house?
Mr Eric Klein
Mr Eric Klein answered on Sep 25, 2020

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!

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Do I include paystubs and receipts in the "fully executed" Financial Affidavit I must attach to my Pretrial Statement?

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 »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

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 »

1 Answer | Asked in Family Law, Divorce and Child Custody for Florida on
Q: Please explain Standing Family Law PRETRIAL STATEMENT 15.2... It contradicts itself..

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 »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

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 »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Do I need to use witnesses at my divorce hearing because the opposing party is using witnesses?

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 »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

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 »

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Wife flew to see her mom with kids. She said she has tickets to come back monday. Now she isnt. Is that false pretense?

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 »

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

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.

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1 Answer | Asked in Divorce for Florida on
Q: Can I elect to go to jail if I refuse to pay a court-ordered amount to my ex-spouse

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 »

Stephen Arnold Black
Stephen Arnold Black answered on Sep 1, 2020

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 »

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: If I'm married & separated and we have no court-ordered parenting plan, can my wife take and hold our child at her whim?

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 »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2020

No, I doubt a sheriff or other law enforcement officer will assist you without a court order.

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: My ex husband forge my signature on our divorce decree and had some one represent me to get a divorce and claimed we had

No kid together, but we did. Is there a lawyer who would take my case up front and take money after the win?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2020

Attorneys are in general not allowed to agree to contingent fees in domestic relations cases.

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