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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: What are the chances of her getting alimony approved?

Married November 2014. Separated February 2016. She left the marriage. She file was divorce and asked alimony for $400 a month in alimony for 2 years. She feels I owe her money on accounts that were all under her name.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 18, 2019

Alimony is based on her need and your ability to pay. Since your intact marriage lasted sixteen months an alimony award is unlikely.

1 Answer | Asked in Divorce for Florida on
Q: How must I go about serving divorce papers to my spouse?
Opal Phiona Lee
Opal Phiona Lee answered on Sep 17, 2019

Usually, a process server is used to serve dissolution of marriage documents. It is best for you to contact an attorney for assistance with preparation of the documents and effectuating service.

1 Answer | Asked in Divorce for Florida on
Q: i live in Wesley Chapel. i am temporarily in California. I was 'served' by a random person my wife knows. is that normal

I was handed divorce papers my wife filed

can just anybody serve me or is a process servor required?

Mr Eric Klein
Mr Eric Klein answered on Sep 17, 2019

You are bound by the rules regarding serving of process of the state in which service was made. If CA allows such service, it is good service. Consult with a CA lawyer for more information. Good luck.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Ex-wife got fired and is not looking for a new job, I currently pay the mortgage so my kids have a home.

She has a live in boyfriend and his two children. I would like custody of my children as I am able to provide for them if I am not paying mortgage for a home I am not living in.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2019

You are always going to share your children with the mother. If you want to alter the timesharing schedule then you need to return to court on a Petition for Modification. There you can explain to the court why the schedule should be changed.

2 Answers | Asked in Divorce for Florida on
Q: What should I do? My wife lied to me about my 2 kids and they’re not mine. I’m looking forward to get a divorce

She had affairs when we were together and they’re not mine

Stephen Arnold Black
Stephen Arnold Black answered on Sep 15, 2019

Have you and your children submitted to DNA testing to confirm paternity or the lack thereof?

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1 Answer | Asked in Divorce for Florida on
Q: How do I respond to the court in Maryland re: divorce papers served to me here in Fla?

I have been served divorce papers from Frederick Co, Maryland. I reside in St. Johns County, Florida. There is a hearing on 9/20/19, I cannot attend due to lack of funds and I must work. How do I respond to the filing? How do I respond to the divorce papers? The papers say I need to respond,... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 11, 2019

You need to contact an attorney in Maryland for guidance. You can also call the phone number on the papers that you received and tell them that you cannot make the 9-20 hearing. It may be possible for you to appear by telephone.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: is it better to file divorce first or for child support before the divorce is filed. I have both my little girls...

I have both little girls and he pays me 40$/mo for both. He makes 15$/hr. He doesn't pay any other expenses....

Opal Phiona Lee
Opal Phiona Lee answered on Sep 9, 2019

It may be best to file a divorce action since child support and timeshare are usually handled as part of the divorce proceedings.

2 Answers | Asked in Divorce for Florida on
Q: we have a house and no children, both names are on the morgage - if we divorce and the property is split 50/50.

my wife will not move out (she says she will but last time she would not let any realtor in or buyer -- after 6 months away I had to come back because I can not afford 2 housing payments. she says she is game to sell but how long can she stay in the house after a court order to sell? she has no... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 9, 2019

If you are in court then the judge will order the house sold. If one party does not cooperate then you go back to court for enforcement. There are no set time frames. Either the parties agree or the judge orders the deadlines.

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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Want can be done if ex spouse refuses to sign sale of home papers and how fast can a judgment be made?

My ex-wife and I divorced almost 5 years ago. At the time we were underwater in our current home, so selling wasn't an option for either of us. She couldn't afford the mortgage, so I stayed in the property with a clause in our divorce papers that I would try to refinance. I tried the first 3 years... Read more »

Monica Miguel Cabrera
Monica Miguel Cabrera answered on Sep 6, 2019

In order to properly answer your question, a review of your marital settlement agreement and final judgment is required. If the house is properly addressed in there, then you can file enforcement documents in your divorce case. I would recommend having an attorney review your documents and help... Read more »

1 Answer | Asked in Divorce for Florida on
Q: I have been a stay at home mom for 25 years. My husband is hiding assets in an LLC. Is it still possible to get alimony?

He has been spending a fortune lately on dating girls, extravagant trips, clothes, gifts, cars, boat, motorcycles etc. Will all the money he spent over the past 3-6 months be considered when dividing assets. He offered me $2500 to rent a house. (He spends more than that to feed his cows!) No... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 5, 2019

Any alimony award is based on one party's need and the other party's ability to pay. As long as you remain married all financial decisions are considered joint, whether you participate or not. If and when you file for divorce the court can look back two years for dissipation or marital waste of the... Read more »

1 Answer | Asked in Divorce and Antitrust for Florida on
Q: He gets angry and holds my child as a pawn towards me and doesn’t let me see him when it’s my week to have him

I have him after not seeing him for 3 weeks because his dad wouldn’t allow me to get him and now I’ve only had him for 2 days and he is demanding that I bring him back home . When I said no he said he has primary custody of him and if I didn’t bring him back that he would have me put in jail.... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 4, 2019

You should have a parenting plan which defines your time and his time. He cannot block you from having your time. If he does then you need to go to court and tell the judge. There is no "primary custody." The child is shared and you are entitled to your time per the court ordered parenting plan.

1 Answer | Asked in Divorce for Florida on
Q: Is it unusual for a final hearing to be scheduled without a motion to default filed? And why might this happen?

I filled for divorce almost 2 months ago and my husband was served within a day or so of me filing. He did not file a response and I have not filed a motion to default. I received a letter for a final hearing next month which has the motion to default as one of the required forms to bring. We have... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Aug 26, 2019

This is the judge's way of moving the case forward. Since you have no kids or shared property and he was served there is no other work to be done. If you want something different to happen it is your responsibility to notify the judge prior to the scheduled hearing.

1 Answer | Asked in Divorce for Florida on
Q: I have my first court hearing on divorce today I need more time. How to

I didnt get a chance to fill out forms and I want to contest it and it is labeled as uncontested how can I motion to change it?

Rand Scott Lieber
Rand Scott Lieber answered on Aug 21, 2019

You need to ask at the hearing today for more time and explain why you need it.

2 Answers | Asked in Divorce for Florida on
Q: My husband isn't a father of my child. He signed affidavit of non-paternity. Do we qualify for simplified divorce in FL?

I had a child while being married to my husband (after we got separated). Now we both would like to end our marriage as soon and easy as possible. He signed affidavit of non-paternity. Can we file for simplified divorce in Florida and state that we don't have kids on the petition?

Mr Eric Klein
Mr Eric Klein answered on Aug 21, 2019

Yes, however, the judge may require that Paternity be established by the biological Father prior to granting you a judgment for dissolution of marriage. Good luck!

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1 Answer | Asked in Divorce for Florida on
Q: I am a single parent who works at Walmart. I need a divorce. It will be uncontested with no assets. What is my cheapest

Option.

Mr Eric Klein
Mr Eric Klein answered on Aug 20, 2019

The most inexpensive way to go is to go to the courthouse and purchase a Dissolution of Marriage kit. It costs about $25.00 and you can do it yourself. Alternatively, for about $300 to $500, you can go on-line and look for a Dissolution of Marriage form preparer . Good luck!

3 Answers | Asked in Child Custody, Divorce, Education Law and Family Law for Florida on
Q: Could my mom with custody refuse to provide education and sent me out of the country to my dad who doesn't? (Minor)

I am 17 years old and a citizen of The United States. When I was 8 my custody was granted to my mom when she got divorced. Later she immigrated to the United States and brought me along. She now bought me a plane ticket and are forcing me to go back to My dad who lives in China. Does she have the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 18, 2019

You would have to consult with an expert on the laws of China to determine whether your father could "refuse to accept" you. But if your mother has custody of you she can, until you reach the age of majority, require you to take the flight.

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1 Answer | Asked in Divorce for Florida on
Q: My ex left unpaid bills that are on my credit report. What can I do to get them removed? Do I have to sue her?
Rand Scott Lieber
Rand Scott Lieber answered on Aug 12, 2019

If they were joint liabilities then you are responsible also, regardless of what your divorce decree says. You can go back to divorce court if your ex had agreed to pay the liabilities but that will not necessarily change your credit report.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: In FL, how can I win the most timesharing with my 2 yr old son? I am about to get started with a divorce and want my son

In FL, they do "timesharing" and I have seen things that say what the courts consider when making those decisions. What i am wanting to know is how can I get enough timesharing that the child lives with me and I am not on child support? I want the mother to have visitation but ultimately the child... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2019

Sorry, but unless you can find a circuit court judge in your area who is willing to give you full custody you will probably never be able to avoid paying some reasonable amount of child support to the mother of your child. FYI, judges rarely award full custody to either parent--unless there is some... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: How do I prevent my wife from moving and taking our son from me? Currently we all live under one roof. She wants to move

We are about to go through a divorce and this is the first action she is wanting to do. She is currently out of town cheating on me so now my focus is me keeping custody of my son. She is saying she is going to move next month now that I've caught her but she's saying she taking my son with her. We... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 11, 2019

It wouldn't make much sense to seek a TRO after she moves and takes the child with her because at that stage you would be seeking to restrain her from doing something she would have already done. Find a family law attorney and file for temporary orders immediately.

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: In Florida, under what conditions can I win physical custody of my child from a divorce from my wife?

In FL, they do "timesharing" and I have seen things that say what the courts consider when making those decisions. What i am wanting to know is how can I get enough timesharing that the child lives with me and I am not on child support?

Rand Scott Lieber
Rand Scott Lieber answered on Aug 9, 2019

In Florida children are shared. That is why it is not "custody" but timesharing. What you are asking about is how to get more time. The answer is by being the best parent that you can and putting your child's best interest ahead of your own. You are going to share the child with the mother until... Read more »

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