Lawyers, Answer Questions  & Get Points Log In
Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: Can you have a wedding while still legally married to someone else? Just a wedding not signing any papers?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 17, 2021

No. Bigamy is a criminal act. The only papers you would sign would be an application for a marriage license, but signing that would probably also be a crime.

1 Answer | Asked in Divorce for Florida on
Q: Can I still file for divorce in the state of Florida if mine and my wife's mail goes to an out of state address?

My wife and I are temporarily residing in Zirconia, NC. Our mail is sent here. However, our license plates, drivers licenses & so on are registered to the state of FL still. Are we still able to file for divorce in FL, or since we've temporarily relocated to North Carolina, do we have to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 13, 2021

Yes, at least one of you would probably be considered a Florida resident. Being "temporarily relocated to" another state doesn't mean you don't remain a Florida resident.

1 Answer | Asked in Divorce for Florida on
Q: Will FL accept copies of signed notarized div forms. Ex is in IL or org needed 2 file
Garrick Neal Fox
Garrick Neal Fox answered on Oct 11, 2021

It depends because some of the agency need documents must be original. Save yourself some troubles and get more certified.

2 Answers | Asked in Divorce for Florida on
Q: How to get a divorce without knowing where the spouse is

I know he is in New York but he will not give me an address and has blocked access to all communication. We have been separated for over 14 years

Rand Scott Lieber
Rand Scott Lieber answered on Oct 11, 2021

You can file a divorce by publication. Check with the clerk's office to see if the offer free help. Otherwise look for a local family lawyer to guide you through the process.

View More Answers

2 Answers | Asked in Divorce and Family Law for Florida on
Q: My husband cheated on and we have a child. Just looking for advice on how to go about stuff

We have a mortgage, cars, a boat, joint bank account and an 11 month old child.

Laura E. Kenney
Laura E. Kenney answered on Oct 8, 2021

Good question and first let me say I am sorry for what you are going through. Florida is a no fault state when it comes to infidelity and the divorce process but infidelity can become relevant if the unfaithful spouse used marital funds to conduct the affair. Feel free to reach out for a... Read more »

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: I was divorced in 2011 and at that time I decided to have my maiden name restored.

On the first page of The Final Judgement on line #7 it says "The wife's former name of () is restored".

Does that mean my name was officially changed at that time? Was I supposed to do anything else to complete the name change in the state of Florida? The reason I'm... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 8, 2021

Thank you for a very interesting question.

Proceedings for change of name are governed by Florida Statute 68.07. That statute in full can be found here:...
Read more »

1 Answer | Asked in Divorce and Domestic Violence for Florida on
Q: 18 years married. Domestic abuse. HIS NAME ONLY ON ALL ASSETS. Rights to alimony & half of assets if she divorces him?
Rand Scott Lieber
Rand Scott Lieber answered on Oct 6, 2021

What is important is how and when the assets were paid for. If they were accrued and paid during the marriage then they are marital assets regardless of title. The marriage is long enough for alimony. You must next look at one party's financial need and the other party's financial ability... Read more »

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Florida on
Q: I am looking for a divorce lawyer, family law,and domestic abuse for my niece. She lives in Port St. Lucie Florida.

My niece has 3 girls and is married to a man that has been abusing her and the girls for years. She and the girls are finally safe living with her mother in Port St. Lucie Florida! This man has restraining orders against him from his own mother and father, and now sister. I need a lawyer to help... Read more »

Laura E. Kenney
Laura E. Kenney answered on Oct 6, 2021

As a former prosecutor who specialized in domestic violence crimes I am well aware of the complexities facing a woman in your niece's situation. I am glad to hear she has an injunction protecting her and the children. Divorces with family violence must be carefully navigated. Please contact... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Can a couple who knows they are getting divorced both move to separate states and then one of us file?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 1, 2021

Yes, assuming the spouse who files meets the residency requirements for filing divorce in the new state. Or if the filing spouse is still a Florida resident, that spouse could of course still file in Florida.

1 Answer | Asked in Divorce for Florida on
Q: In Florida, is a process server allowed to give a summons to anyone other than the person being served?

A process server came to the house to serve my mother in-law with divorce papers. She was sleeping because she works the night shift so my sister in-law answered the door and told him she was sleeping. He gave my sister in-law the summons and took down her first name and age. My sister in-law was... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2021

Yes. As long as the sister-in-law is 15, or over, that's good service.

1 Answer | Asked in Divorce for Florida on
Q: Married purchased house in Florida he’s not on note or deed this year. If someone else is on deed can spouse be evicted

We are both from sc

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

Yes, if the mortgage note is not paid, everyone in it can be evicted.

1 Answer | Asked in Divorce for Florida on
Q: I discovered my wife has been unfaithful now she wants a post-nuptial. Should I sign.?
Nicole Vette
Nicole Vette answered on Sep 22, 2021

It really depends on what it says.

1 Answer | Asked in Divorce for Florida on
Q: How to reopen a closed divorce that was not finalized

I filed for divorce in 2019 and my other half was never served as they couldn’t locate him due to him being homeless. I didn’t pursue it much further and now the case is closed, but It wasn’t finalized. It was closed due to lack of activity. Do I reopen the case or start a new petition?

Rand Scott Lieber
Rand Scott Lieber answered on Sep 21, 2021

It should be less expensive to reopen as opposed to beginning a new case. Check the fees with your local clerk's office. You will still need to serve him. There are other methods such as service by publication when a person cannot be found. Look for a free consultation with a local family attorney.

1 Answer | Asked in Divorce for Florida on
Q: When getting divorced, can my husband claim a house that I got while we were separated?

We have been separated for almost two years and I want a divorce. I am also about to buy a house. Can he claim any part of the house while going through a divorce?

Opal Phiona Lee
Opal Phiona Lee answered on Sep 19, 2021

He certainly can. Usually, a court may use any of 3 dates when valuing assets and liabilities: 1) date of separation 2) date of filing the divorce petition or 3) date of final judgment. There are different circumstances which may warrant which date is used. Of course, you and your attorney would... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a judge require me to sign a quick claim deed with no legal standings.

I just went through a divorce and the judge granted my ex the home. She asked for the home so she could sell it to pay her student loans but never filed anything in court about how much these loans are or anything except she painted the house and put a fence up. Is there someway i can have this... Read more »

Linda Liang
Linda Liang answered on Sep 17, 2021

The judge must have issued an order. It does not seem that you understand the process well. You should hire an attorney to review your documents and tell you what is really going on.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: I filed a supplemental petition for modification and my ex has not responded in the allotted time. What do I do next?

I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

Contact the judge's assistant and ask if you need to schedule a hearing or, alternatively, if the judge will rule on your supplemental petition without a hearing.

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: My husband made me sign papers for divorce after he filled out what he was getting and what I was getting. He also empt

Out the joint account 2 months ago. Sole support for me last 6 years married 3. He had also took the breaker and thermostat so I had no air cond. And after a week gave it back. He makes 90+ per year and per his lawyer consultation to not help me out with bills . Shows ability to pay. I have... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 7, 2021

You need to look for a local family lawyer that offers a free or low cost consultation as soon as possible.

2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: Hello, I am a mom in the process of separation from my husband. Is it a good idea to sell my house?

We purchased the house before we got married. I don't have money or a place to go but he suggested that we sell the house... what should I do?

Linda Liang
Linda Liang answered on Aug 29, 2021

You should not before you understand the ownership of the house. You should talk to an attorney.

View More Answers

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: I understand the parenting plan covers until child is 18. How long in advance (1yr,6mo?)are highly structured plans done

I get the plan covers until the children are 18. We have equal custody and do week to week. We alternate holidays and have a separate summer schedule. We use this schedule to plan our future trips. My ex only wants to establish this schedule 2-3 months in advance, however I would like a longer term... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

In a Divorce process, when a parenting plan is established, it is typically done for the duration of the child's minority and it is a plan that can be used from year to year. The Court will not keep a case open so you and the other parent can be changing the plan every few months. A parenting... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Q: Wife walked out on me and daughters

We - myself, my wife of 22 years, eldest daughter 21 and twin girls 16 - immigrated to St Augustine FL from South Africa in March 2020 via sponsorship by my brother. We all have permanent residence green card. A couple of months ago my wife got a new job and on the day the twins came home from... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

You should file a Petition for Dissolution of Marriage and request that the Court sets a timesharing with your daughters and their mother and establishes child support.

DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts...
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.