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.
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 »
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.
It depends because some of the agency need documents must be original. Save yourself some troubles and get more certified.
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
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.
We have a mortgage, cars, a boat, joint bank account and an 11 month old child.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
Yes. As long as the sister-in-law is 15, or over, that's good service.
We are both from sc
Yes, if the mortgage note is not paid, everyone in it can be evicted.
It really depends on what it says.
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?
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.
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?
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 »
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 »
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.
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 »
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.
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 »
You need to look for a local family lawyer that offers a free or low cost consultation as soon as possible.
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?
You should not before you understand the ownership of the house. You should talk to an attorney.
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 »
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 »
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 »
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 »
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