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Florida Divorce Questions & Answers
3 Answers | Asked in Divorce and Family Law for Florida on
Q: Will my marital property belongs to me after divorce if my wife signs a paper to waive any property dispute?

We are in Florida. Today, my wife is aware that the house belongs to me, cause I bought it with my own money. But will the house be divided if we divorce in the future? The house is titled by myself only at the moment.

Does it help if my wife is willing to sign a paper (what kind of paper... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2021

These are extremely important issues that you should ask a lawyer; this public website is not the place to try to do this.

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1 Answer | Asked in Divorce for Florida on
Q: My husband gave my daughter his last name knowing there was a chance that he was not her biological father.

Now that we are getting a divorce he wants to change her last name but still be in her life. What will happen in this case?

Camila Martin
Camila Martin answered on Jul 14, 2021

Your question has limited facts about your particular case and it will be better for you to discuss your case with a Family Attorney in your area. Based on the limited facts provided, your Husband could request to disestablish his paternity. However, if he has acted as the child's parent for a... Read more »

1 Answer | Asked in Divorce for Florida on
Q: If I got married in 1991 and sperated in 1992 and finally got divorced in 2011 and remarried someone else in 2017 and st

Started a city job with 401k in 2019 does my first wife have claims on my 401k

Camila Martin
Camila Martin answered on Jul 14, 2021

Funds that are contributed during the marriage to the 401(k) are considered marital and are subject to equitable distribution during a divorce. If you divorced your first Wife before making any contributions to the 401(k) she will not have the right to claim any portions of it post-divorce.... Read more »

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Juvenile Law for Florida on
Q: Hello, I’ve been losing sleep and having stress about courtday. It’s my first time getting a misdemeanor (812.015)

I don’t want to go to jail and I have a son to support and a in the middle of a divorce. I’ve gotten out of a toxic relationship and dealt with abuse growing up and the father is not taking any responsibility for child, the wrong I’ve done is that I took some redbull and used giftcards to... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 13, 2021

Hold on there... DO NOT EVEN THINK OF ending your life over something like this. Only a Florida attorney who practices criminal defense should advise here. But your question was alarming in its nature. You're gonna get through this. Hopefully a Florida attorney knowledgeable in criminal... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Me and my husband have been separated years ago and out minor children have lived with him. He has keep them from me.

I found out yesterday that he has moved without telling me and i do not know where. I have my divorce packet filled out and my parenting class done with certification. What do i need to do to get my kids asap

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jul 6, 2021

You will need to figure out where he is. You will not be able to start the process without serving him the documents. A good private investigator may be able to help you with this. Checking all social media, checking in with friends/family, and or checking with the children's schools to see... Read more »

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4 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: I got divorced in 2019 & have been awarded our house. How do I get ex-husband name off deed & mortgage? Tried having

Tried getting him to sign the quick claim deed form however he refused to do so. Help please!!

Opal Phiona Lee
Opal Phiona Lee answered on Jun 30, 2021

Usually the marital settlement agreement and final judgment contain language of how the property should be transferred. Did it state husband should sign a quit claim deed within a certain amount of time? It is best you consult with one of us divorce attorneys who can review the documents and see... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My husband and I used to be duel active duty military. I am still in, and he was discharged for drug abuse over a year

Ago. We have a two year old together. He has resided solely with me since he left us when he was 1 month old. My husband has not contributed financially in the past two years to my sons needs. He has recently had a second baby with another woman just this year. He is a narcissist, and diagnosed... Read more »

Destardes Moore
Destardes Moore answered on Jun 30, 2021

The Court will use the factors found in Florida Statute 61.13 to determine the best interests of the minor child. You can request the appointment of a social investigator if you believe the other parent is unfit to care for the child. The social investigator will investigate all of the facts of... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: my wife left the marital home I continued to pay the mortgage is she entitled to the equity gain. she filed for divorce

a month after she left been gone for 19 months the house has increased in value she has not paid any bills or maintained

what are my rights also has not contributed to any bills or debt payments am I entitled to receive compensation for that?

Rand Scott Lieber
Rand Scott Lieber answered on Jun 29, 2021

The equity in the marital home is a marital asset subject to division in the divorce. You can use the factors that you describe to argue that you should receive more than half (the starting point for division is 50/50) based on your contributions.

2 Answers | Asked in Divorce and Immigration Law for Florida on
Q: My husband is applying for Tps and work permit we are married but filing for divorce . Will that affect divorce?

He arrived with a K1 visa been married 2 years

Linda Liang
Linda Liang answered on Jun 13, 2021

Florida is no fault state, meaning if the marriage is irretrievably broken, judge may grant a divorce. Filing TPs and work permit should not affect divorce.

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2 Answers | Asked in Divorce for Florida on
Q: Can my wife move in new lover without filing divorce
Rand Scott Lieber
Rand Scott Lieber answered on Jun 11, 2021

Yes.

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3 Answers | Asked in Divorce for Florida on
Q: Am I able to put all divorce attorneys in my area on retainer?

If so, does the retainer mean that lawyer/firm cannot represent my spouse? Assuming there are ~30 divorce attorneys in my area and I paid a $5,000-$10,000 retainer to each would this insure they could not represent my spouse?

Tami Lane Augen
Tami Lane Augen answered on Jun 8, 2021

Interesting question. When you retain an attorney, the attorney will typically draft and file documents. Once that is done, the other attorneys would see that you have counsel of record. Theoretically speaking in a vacuum, if you retain an attorney, that attorney should not represent an adverse... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: I got married in November of 2020. I bought my house in 2015 before I met my husband. Can I lose me house in a divorce?

All household bills are in my name. His name is not on anything pertaining to the house.

Michael David Fluke
Michael David Fluke answered on Jun 4, 2021

As long as you do not put your Husband's name on the Deed, the home will always be a premarital asset and a court would be unable to award your Husband the property. Tat being said, if you are to make payments on the home or make improvement from income which is earned during the marriage,... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Child custody agreement was written up in Volusia County Florida we then got married in Texas. We are getting divorced

Wondering if a new custody agreement needs to be reached?

2017 we got a custody agreement written up in Florida

2018 we got married in Texas

We were separated after a month of marriage and are just now getting divorced in Florida

Rand Scott Lieber
Rand Scott Lieber answered on Jun 2, 2021

In what state are you getting divorced/ living in now? If you both signed the original agreement then it is a contract between the two of you. Unless you want to change it, you may be able to file it where you are getting divorced and ask the court to adopt the agreement. If you want changes it... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a full custody parent travel outside the country and leave the children with their current spouse?

Full custody parent traveled outside the country and didn't inform the other parent. There are concerns of possible child abuse by step parent left in charge of child. Can non custodian parent do something?

Rand Scott Lieber
Rand Scott Lieber answered on Jun 2, 2021

You need to carefully read the parenting plan regarding travel and right of first refusal. If the custodial parent has all of the timesharing rights then it is possible for them to travel and use their chosen caretaker. If there is a restriction it will be written in the parenting plan.

1 Answer | Asked in Divorce for Florida on
Q: Can I marry a women in another country with a pending divorce in Florida without any problems as I plan to bring her

My divorce has been pending for 5 months and it’s taking so long. In the other hand I found a bride internationally and want to start a new beginning. Can I marry her internationally and once divorce is finalized in Florida, will I be able to register my new bride if Florida without any trouble... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jun 1, 2021

NO

4 Answers | Asked in Divorce and Immigration Law for Florida on
Q: Can I get divorced in Florida?

My husband and I currently live in Florida. He is here with a work visa and I’m with a spouse visa and we’re in the process of getting our green card but we do not have it yet. Can we file for a divorce in Florida? Or do we have to file in our country where the marriage took place?

Mr Eric Klein
Mr Eric Klein answered on May 26, 2021

You ask a very good question. So long as you have been a Florida resident for at least 6 months, you can file for divorce in Florida. Good luck!

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Can I remove husband off of daughter's birth certificate if he is not the biological father?

I became pregnant with my daughter during the time my boyfriend and I were separated. It was a one time and I do not know the father. The boyfriend and I did keep seeing each other and when I found out I was pregnant I told him and I moved back in with him at 6 months pregnant.

We were... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 19, 2021

You cannot do anything. He is the legal father and the law is relatively complex in this regard. He has the right to maintain his status as the legal father and your child has the right to maintain her status of legitimacy. In terms of a timesharing schedule and parenting plan if/when you do... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: Do I need a title property lein?

In my divorce papers it states if property is sold it is to be divided equally between my ex and I. We were married over 20 years. We purchased property in Calhoun county FL 10 years before divorce. The deed was in his name as married man. We had a joint mortgage on it. We divorced. He remarried... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 17, 2021

It sounds like you should speak with an attorney as soon as possible to review your paperwork and assist you. An attorney should review your Final Judgement of Dissolution in regard to the real property issue that you describe and discuss what you could file in terms of notice in the public... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: My wife and I have been separated for 6 years. Not divorced just separated. She has a whole new family and I am raising

Our three kids. I have recently gotten an inheritance from an aunt that passed away. If we divorce is she entitled to any of this money?

Nicole Vette
Nicole Vette answered on May 17, 2021

No, but make sure to keep the inheritance in a separate account without any other funds.

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1 Answer | Asked in Divorce for Florida on
Q: Does husband need to be at divorce final hearing. In person or prob over Zoom
Tami Lane Augen
Tami Lane Augen answered on May 14, 2021

Typically no, only one person needs to appear at the final hearing. The exception is pursuant to the simplified proceeding rule, in which case, both parties attend the final hearing.

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