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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: My Wife and I married in NJ,1993, separated in 2004. She moved to Indiana, I moved to Florida. What state should I file?

We only speak once every few years, everything is civil right now. I haven't brought up the subject of divorce ever, but I would like to finalize this. I am in a long term relationship and its not fair to my current partner that I'm still legally married. My wife and I have lived apart... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 14, 2021

You can only file where you (or your spouse) have lived for more than six months. For you that is Florida. Regarding alimony, unless you have been sending her money throughout your separation, she has demonstrated that she can live without your financial help. That is an argument against alimony.... Read more »

2 Answers | Asked in Divorce and Small Claims for Florida on
Q: Can I take legal action against my ex-husband for not refinancing the house?

My ex-husband and I have been divorced since August 2017. In the divorce settlement, which we did without lawyers, he was given the asset of the house, with the intention that he would refinance (removing me from the mortgage). Since then, he has refused to refinance every time I ask him about it.... Read more »

Mr Eric Klein
Mr Eric Klein answered on Apr 13, 2021

Assuming the settlement agreement stated he would be required to refinance, then yes. File a Motion to Enforce the Final Judgment. Serve him with the papers and you're off and running. If the settlement agreement is silent as to the refinance, you may have to file a petition to partition the... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: Do I need to file the financial statement for dissolution of marriage in Florida?

No children neither of us has assets

Rand Scott Lieber
Rand Scott Lieber answered on Apr 13, 2021

As long as there are no minor children and no claim by either party for spousal support then you do not need to file the financial affidavit.

1 Answer | Asked in Divorce for Florida on
Q: Is there like a book of divorce rules for filing that I can find online?
Rand Scott Lieber
Rand Scott Lieber answered on Apr 13, 2021

The family law forms are available for free online. The laws regarding family law are found in chapter 61 of the Florida Statutes (free online). And finally you can read the Florida Family Law Rules of Procedure, also free online.

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: Can i move states before filing a divorce when children are involved?

I married my spouse in July of 2017.. I am wanting to file divorce but I am interested in doing so AFTER i move to a different state (PA). My spouse is currently going through the immigration process and he said he is fine with me moving out of state with our two children. But i have heard that i... Read more »

Michael Ferrin
Michael Ferrin answered on Apr 13, 2021

You are allowed to move before you file for divorce even without your husband's consent but the issue will be that your husband can then file for divorce once you have moved and ask for the children to be returned. If your husband is in agreement for you to move out of state make sure to get... Read more »

1 Answer | Asked in Divorce for Florida on
Q: During a simple divorce in Florida, do I need to report debt, there’s no assets no children just want to be divorced?
Rand Scott Lieber
Rand Scott Lieber answered on Apr 12, 2021

As long as there are no children and no claim for alimony then you do not need to file a financial affidavit, which includes assets and liabilities.

1 Answer | Asked in Divorce for Florida on
Q: In Florida, how quickly can a lawyer view existing divorce suit docs after filing notice of appearance?

As soon as I paid the retainer, my lawyer became extremely unresponsive. My wife has filed for divorce and made a motion that likely contains some important accusation. I finally got the lawyer to file a "notice of appearance" after about a week of inaction, but now he is saying that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 11, 2021

The court in each county has an online docket system, but each one is different. I am unfamiliar with the docket in Pinellas County, but I'm guessing it might take until tomorrow morning.

1 Answer | Asked in Family Law and Divorce for Florida on
Q: In FL, if transfer money from separate premarital account to marital account, makes premarital account marital?

If I live in Florida, and I have money from a separate account prior to the marriage, and I transfer some of that money into a marital account for both spouses, then does the separate account prior to marriage stop being separate and becomes a marital account?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Apr 4, 2021

The transfer of premarital funds into a marital account only makes the money transferred marital. It does not convert the premarital account into a marital account. It is very easy though to convert premarital assets into marital. If this is an ongoing concern, a post-nuptial agreement may be... Read more »

1 Answer | Asked in Divorce for Florida on
Q: My husband lives out of state. I want a divorce. But I know he will not sign the papers. No children or joint assets.

How do I proceed? Is there a way to file myself?

Michael Ferrin
Michael Ferrin answered on Mar 30, 2021

You can file for divorce without your husband's agreement but you need to determine where the case should be filed. To determine where to file the case you need to look at where the parties currently live, how long they have lived there, and what each persons contacts are with each state. I... Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: Can I press charges on ex wife for false allegations

My ex wife has filed multiple false allegations against me since 2014, dcf cases, injunctions, and trying to modify child arrangements. Each report says something different, and none of them have gone in her favor meaning I have been lucky enough for a judge not to believe her. This time she is... Read more »

Tom Murphy
Tom Murphy answered on Mar 24, 2021

It is illegal to make false allegations of a crime. See Florida Statue 817.49

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Is a child support guidelines form manditory when filing for divorce?

My ex and I have already had an out-of-court agreement on child support. We get along and he pays regularly so is it mandatory that we file for child support (child support guidelines form) when getting divorced? Can't we just keep our agreement without involving the court and inturn not... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 24, 2021

When there is a minor child involved each party must file a financial affidavit and the court will require a child support guidelines worksheet. You do not mention if your agreement is higher or lower than the guidelines. If the agreed amount is higher then there is no problem. If the agreed amount... Read more »

1 Answer | Asked in Divorce and Child Custody for Florida on
Q: What is the procedure of getting custody of my 15 yr old daughter who's in custody of her mother.

Also is there an opportunity to submit a request for my daughter to express her desire where to live.

Rand Scott Lieber
Rand Scott Lieber answered on Mar 18, 2021

You do not mention what the current legal status is. If you were never married then you either need to file an action for paternity or if that was done in the past then a petition for modification of timesharing. Florida recognizes timesharing so one way or another you are going to share the child... Read more »

1 Answer | Asked in Divorce for Florida on
Q: I retired and got $114000 payout to a 401A and $46000 to me taxed 24%. My exwife gets $62000. Case law for who pays tax?

Our settlement reads, "The Wife shall receive one-half of value of the 1,536 sick leave hours and 480 annual leave hours, with the value of such hours being determined at the time of payment, upon the earlier of Husband's retirement or his departure from the School District of Palm Beach... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 16, 2021

The legal issue is how did you receive the vacation and sick pay. Did it come to you directly or did it go to an account that was then taxed. If the payout was taxed then former wife should be responsible for half the tax on that specific payout. Unfortunately the quote that you provided could be... Read more »

2 Answers | Asked in Divorce for Florida on
Q: Does "the court reserves to all matters" mean I have to go back to court for my house after a divorce?

I got divorced 3 years ago.

The "final judgement" document that I have states, in relation to my house, that "the court reserves to all matters relating to the house equitable distribution, assets and debts

Rand Scott Lieber
Rand Scott Lieber answered on Mar 15, 2021

In Florida, a final judgment that "reserves" on a particular issue means that the court has not made a decision on that issue. So yes, you need to return to court to resolve the issue unless you can reach an agreement directly with your former spouse.

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2 Answers | Asked in Divorce for Florida on
Q: seperated more than 2 years and she lives in Puerto Rico me in Floridacan we automatically be divorce
Rand Scott Lieber
Rand Scott Lieber answered on Mar 11, 2021

You can get divorced but it is not automatic. You can file for divorce in Florida if you have lived here for more than six months. Or she can file for divorce in PR if she meets their jurisdictional requirements.

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1 Answer | Asked in Divorce for Florida on
Q: How do I stop alimony wage garnishment after my ex-spouse was re-married.

I was divorced in 2013 in Duval County and I now reside in another state. I have a wage garnishment for alimony. The final judgement is clear that alimony stops when my ex-spouse remarries. My ex-spouse does not contest this and was re-married. The family law department at Duval courts has... Read more »

Mr Eric Klein
Mr Eric Klein answered on Mar 11, 2021

That is true. You must file a motion to terminate alimony and have the judge issue an order. Good luck!

2 Answers | Asked in Divorce for Florida on
Q: Can alimony stop after cohabitation in Florida?

I want to have a clause in my divorce agreement saying that alimony payments shall stop in case of marriage or cohabitation.

My soon to be ex says that her lawyer told her that it is not allowed in Florida. Is she right?

Michael David Fluke
Michael David Fluke answered on Mar 10, 2021

Within a settlement agreement you can agree to any terms for alimony that are agreed to. With regard to the law, say if a judge were making a decision at trial, alimony terminates upon re-marriage and can be modified based on cohabitation. You would have to establish that there is a supportive... Read more »

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2 Answers | Asked in Divorce and Tax Law for Florida on
Q: Is it true that a divorced mother always gets to declare the children as her dependents in her taxes in Florida?
Michael David Fluke
Michael David Fluke answered on Mar 10, 2021

Nope. Under Federal Tax law the majority parent gets to claim the children, but a state divorce court can, and usually does, order parents to split or rotate the child related tax credits assuming child support is current.

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2 Answers | Asked in Divorce, Family Law, Appeals / Appellate Law and Domestic Violence for Florida on
Q: will the magistrate/judge ensure i get some form of alimony and my belongings (8 yrs married with dv no child) ?

we live in Florida . he moved and wouldn't tell me where , he wont tell me where my belongings are , unbeknownst to me we were evicted. he makes 150k annually. i had an injunction against him b4 that expired 1 month b4 we decided to try to fix our marriage again. he is the breadwinner and... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Mar 10, 2021

Alimony in Florida is based on need and ability to pay. You have to need it and he has to be able to afford it. The General Magistrate can certainly order alimony if the matter being heard by the Magistrate is related to support. You need to make sure there's a motion or a petition requesting... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: Is there anything I can do re the following circumstance with my divorce?

Is there anything I can do re the following circumstance? For the last 10+ years my husband has worked overtime every week and as a result he has earned anywhere between $15-25 thousand dollars each year on top of his base salary. Now that I have started to fill out the divorce papers he has... Read more »

Mr Eric Klein
Mr Eric Klein answered on Mar 7, 2021

Rather than go into the complexities of the law, I will say that he will not get away with it so long as you consult with a seasoned divorce attorney ASAP. Good luck!

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