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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: Can I receive alimony in a relationship for 40 years not married
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jan 31, 2023

Palimony is a term used to describe financial support given by one person to another after a non-marital supportive relationship has ended.

However, Palimony is not recognized in the state of Florida, which means you cannot sue for palimony in the family courts in Florida. If you have been...
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1 Answer | Asked in Divorce for Florida on
Q: In FL, if I buy a car with inheritance money that I received while married, will the car be split 50/50 once I divorce?
Astrid M. Bismarck
Astrid M. Bismarck PRO label
answered on Jan 26, 2023

The final answer is more complicated, but the short answer is that it is very possible that you would have to share the asset. You should always consult an attorney before making financial decisions if you believe that there a good chance that the marriage will be dissolved at a future point.

2 Answers | Asked in Divorce, Immigration Law and Real Estate Law for Florida on
Q: Family law. If u purchase a home in Florida while in the middle of a divorce with someone awaiting immigration status

Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jan 20, 2023

In Florida, property acquired during a marriage is considered marital property, and is subject to equitable distribution during a divorce. This means that the court will divide the property in a fair and reasonable manner, taking into account factors such as the length of the marriage, each... Read more »

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2 Answers | Asked in Divorce, Immigration Law and Real Estate Law for Florida on
Q: Family law. If u purchase a home in Florida while in the middle of a divorce with someone awaiting immigration status

Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 19, 2023

Maybe. There is no status called separation in Florida. You are either married, or you are not. You should review the matter with your family law attorney. You should also have a real estate attorney represent you in the purchase of the home.

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1 Answer | Asked in Divorce for Florida on
Q: I have a spousal agreement filed in California (not court ordered) and I am not able to pay it.

What is the process if I am unable to pay the spousal agreement? Does he get a judgment, like a creditor would, and go from there or would the court somehow be involved with enforcing it even though it was not court ordered, just filed with the courts as a divorce agreement.

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 18, 2023

First, the agreement will be interpreted according to California law. In Florida, the first step would be to go to court on an enforcement action. In an enforcement action a possible remedy is a judgment. You should tale the written agreement and speak with a local family lawyer for more specific... Read more »

1 Answer | Asked in Divorce for Florida on
Q: I was separated from my wife for 11 years but never divorced. Assets were divided at time but now can I contest that?

I had sign assets division but made a mistake and got much less than her! Could I legally ask to get some compensation from her?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 18, 2023

If you signed an agreement and eleven years has passed it is unlikely that you can change anything. Take the agreement and speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: In floridia how do i get my ex wife to give me her yearly income. Alimony cuts off at a certian point
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 17, 2023

I'm guessing you want to know how much she makes a year, not for her to actually pay it to you. You engage in discovery by serving her with a request for production or interrogatories, or scheduling her deposition.

1 Answer | Asked in Divorce for Florida on
Q: Can I transfer a current license plate to new car when the current vehicle registration has an ex-spouse's name on it?

The vehicle title specifically stated "John Doe or Jane Doe," while the vehicle registration states "John Doe, Jane Doe" (don't know if the comma or wording is important). The registration is still valid for 5 months. The vehicle was sold. Several months later, John and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 14, 2023

The first question is this: what did the divorce decree provide regarding who was to get the vehicle?

Assuming he got the vehicle in the divorce, she would have no grounds for objecting to his transferring it to himself.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: If my husband has left and not helping towards any of our family bills that come out of my account can I do anything?

I had to call the police and they took him to a hotel until he was sober. He will not come back home and will not talk with me about anything. All our bills including his own come out of my accounts. He even has one of the cars which my name is on and comes out of my account. He is not sending... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jan 13, 2023

You may file for divorce, where you can ask the court to order your husband to pay certain bills as well as alimony and child support, or you may file a motion for temporary relief, which can include temporary alimony and child support and an order for your husband to pay certain bills while the... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Trying to be evicted from martial property is this possible?

So my mother in law and father in law put down 85,000$ on our house well there daughter is on the deed not the mortgage there salty bc when stuff went south I stopped paying the mortgage when I found she was cheating on me now I’m being threatened with eviction

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 30, 2022

You do not mention if you are in divorce court. Once a divorce is filed you gain certain protections from the court incident to the divorce. Since your wife's name is on the deed and you are currently married you have a marital interest in the house. This is different than being evicted. Do... Read more »

1 Answer | Asked in Divorce for Florida on
Q: If I use my IRA to pay off my house can a judge order me to take a loan out to my alimony

I meant to say take out a mortgage to pay alimony

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 29, 2022

Alimony is based on and should be paid from your income, not your assets. If you cannot afford your alimony obligation with your income then you need to return to court for a modification. Paying off your house presumably will reduce your monthly expenses which if anything should give you more... Read more »

1 Answer | Asked in Immigration Law and Divorce for Florida on
Q: What could I be liable for if my foreign spouse divorces me in the US?

I live in Florida. I married a girl from Venezuela (in Florida) on November 17th, 2021 but she is not yet a legal citizen. Her mother and daughter just moved in with us from Venezuela a few weeks ago. I am worried that if we get a divorce I could be forced to pay support for her and her mother and... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 29, 2022

Did you file the i864 Affidavit of Support when you sponsored your wife for a green card? If yes then the divorce court may uphold that when ordering any support obligations. Discuss your situation with both a divorce lawyer and an immigration lawyer.

3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Is it possible for me to file for modification of child support on my own without a lawyer in Florida?

I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2022

There is no requirement for you to have a lawyer to file a modification. You will be expected to follow all of the rules that apply. If your situation continues to be contentious then expect it to be that way for the modification as well. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Divorce, Family Law and Immigration Law for Florida on
Q: What could I be liable for if my foreign spouse divorces me in the US?

I live in Florida. I married a girl from Venezuela (in Florida) on November 17th, 2021 but she is not yet a legal citizen. I am worried about divorce. Her mother and daughter just moved in with us from Venezuela a few weeks ago. I am worried that if we get a divorce I could be forced to pay alimony... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2022

As far as the family court is concerned you will not have an alimony obligation because it is a short term marriage. You may want to consult with an immigration attorney to confirm whether you have any support liability there.

1 Answer | Asked in Divorce for Florida on
Q: I am going through a divorce and And left the house 6 months ago and the wife is being difficult not letting me in the

The divorces in Florida The wife is being difficult and not letting me back into the house and I wanna know if I have any legal standing to just go to the house and make my way into the house somehow to get my equipment out of the house and if I do that and would I get in any trouble pork arrested

Michael Ferrin
Michael Ferrin
answered on Dec 12, 2022

If a divorce has not yet been filed, and no orders of exclusive use and possession have been issued, you have right to go back to your house so long as you are on the lease or are on title to the property. This sort of issue is common at the beginning stages of most divorces and you must be careful... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Q: My wife filled divorce we got 3 kids
Paul Michael McDermott
Paul Michael McDermott
answered on Dec 8, 2022

You have 20 days to file your Answer to the Petition once you are actually "served" by the process server. It is usually recommended that you also file a Counter-Petition to include your requests for timesharing with the children, alimony, child support, etc... to preserve your rights.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: If someone inherits money from selling a house does the other spouse get half in a divorce ?

The husband was on the deed, his father passed away, he sold the house, paid inheritance taxes in the state of Pennsylvania.

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 5, 2022

An inheritance initially is a non-marital asset belonging only to the person who inherited. It can lose that non-marital nature by commingling (mixing) with marital assets. This issue can be complex. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Is it possible make a write agreement with my ex husband before get divorce . ,

We have a restaurant business together

Michael Ferrin
Michael Ferrin
answered on Dec 1, 2022

There are two types of agreements that may pertain to your situation. If you do not intend to file for divorce, but are planning just in case of divorce in the future, you can enter into a post nuptial agreement to address certain issues. Post nuptial agreements are similar to prenuptial agreements... Read more »

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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: divorced couple property in TIC/JTWROS can 1 person tell the other who can live there or not

divorce states husband to pay mortgage and the home is wife's primary residence ex husband is now demanding wife and sister in law to pay portion of mortgage and if not they both need to leave.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

Without reading the divorce decree, it's difficult to say but in general, if the Court granted the Wife the exclusive use of the house and ordered the husband to pay the mortgage, then he has no standing to demand that anyone do anything. It may not be a bad idea for the Wife to engage the... Read more »

2 Answers | Asked in Probate, Divorce and Family Law for Florida on
Q: What papers do I file for alimony in Florida with the case in Massachusetts. ?

My ex husband owes me court ordered alimony has not paid me in almost 4 yrs he moved to Florida a yr ago built a million dollar home . I have served him a few time never showed up for court the judge has him in contempt here in Massachusetts. I don’t know what I need to do to start a Florida case... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

You would need to hire a family law lawyer here in Florida. He would need to domesticate the foreign Massachusetts Alimony order here in Florida. Once that transfer is made, you can then enforce that via discovery and contempt if need be.

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