ex wife is dragging out divorce. filed over 2 years ago and no final date in site. can she claim my social security benefits if the marriage isn't final and we are still legally married at 10years?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023
The duration of a marriage can impact entitlement to Social Security benefits, particularly in the context of a divorce. Generally, for an ex-spouse to claim Social Security benefits based on their former spouse's record, the marriage must have lasted at least 10 years. This is a federal... View More 
This is for a divorce and I have moved to a different county I don't have a car to be able to drive to the other county. I was there for 6 months
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2023
Yes, you can file a motion to dismiss a divorce case that was filed in the wrong venue. In Florida, a divorce case must be filed in the county where either party has resided for at least six months immediately before the filing of the petition for dissolution of marriage. If the case was filed in... View More
I recently entered into a supported relationship and verbally agreed to stop alimony. That relationship lasted six months. Can alimony restart being alimony was not terminated via the court? Unfortunately the loss in alimony has caused a detrimental loss to my living situation, to support me and my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023
The answer will depend on what kind of agreement you entered into with your former spouse when you agreed to the termination (verbal, written, etc.). Since you did not file anything with the court then there may be a chance; however, your former spouse will argue that you reached an agreement and... View More
It was made for her supposed pleasure but apparently she wants to blackmailed me
answered on Nov 7, 2023
If she is asking you for money or some other benefit to prevent her from showing it, she's likely committing a crime, and you can report her to law enforcement - IF you want this issue to become public record and IF having her arrested, possibly hauled off to jail, and prosecuted is desirable.... View More
Pinellas County, fl.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023
If you believe your constitutional rights have been violated in court, particularly in matters as serious as custody disputes where you feel your children are in danger, it is critical to seek legal advice immediately.
Contact a local attorney with experience in family law and civil rights... View More
Is also on the lease , and leave with no money even tho our bank account has $37,659, and with no car . Id literally leave destitute. What are my rights ? Do i have a right to our money ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2023
You must file for divorce in order to get legal protection. You are entitled to one half of the marital assets (and liabilities) accrued during the marriage. You also have an equal right to live in the property that is rented to both of you. Speak with a local family lawyer for more specific advice.
So my wife and I have been together 7 years. We have been great and she started this job at a hotel last year this is her first job. Over the last month I have found out about her having relations with her manager and also possibly another coworker. I would like to know if there is anyway I can go... View More
answered on Oct 25, 2023
I am a family attorney so I cannot give you advice on your rights to sue her employer. I can say that many companies frown upon this sort of behavior and if they are made aware of it, it could lead to both your wife and the coworkers to be terminated. Not sure if you want to do that, as when you... View More
My wife wants a divorce. She's cheated at least once and now with a high index of suspiscion a second time. She has a credit card with debt & may also have an auto loan with another man. Will her extramarital financial agreements impact her being awarded spousal support (alimony)?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2023
In Florida, alimony is based on financial need and financial ability to pay. The legal issue regarding extramarital affairs during the marriage is focused on the money spent on the affair. You may be entitled to a credit for any monies that your spouse spent on the affair. The issue with a... View More
They were never married, only had twins. I believe she will as for child support after we are married. Is there anyway to protect myself at all or should we not get married?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023
Unless you legally adopt the children you will have no legal obligation to them, child support or otherwise. As far as protections with your potential spouse, you can enter into a prenuptial agreement. Speak with a local family lawyer for more specific advice.
We were married in Dec 2012, he moved out in June 2016 and we saw him one time in June 2016 after that. He moved out and became an absent parent after DCF opened a case against him for substance use and the case was closed after he continued to refuse to take a drug test. And being absent until Dec... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023
You need to answer his petition for divorce and explain everything that has happened over the past several years. The court will order timesharing based on what is in the best interests of the children. It sounds like you can demonstrate that the father has not been involved in the lives of the... View More
they split the bills and mortgage, both on the deed and note. One spouse moved and then served the papers. but is refusing to pay their half of the mortgage. Recently, the spouse that moved out has turned off internet, then took the modem.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2023
In Florida, in many jurisdictions, there is a presumption that both parties should maintain the financial status quo after a divorce is filed. This means that each party should continue to pay what they have traditionally paid. There are exceptions to this. You must apply to the court for relief,... View More
I am a pro se litigant.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2023
During a deposition, opposing counsel has broad latitude to ask questions related to the subject matter of the lawsuit. They can inquire about facts, statements, actions, or any other information that might reasonably lead to admissible evidence. However, they can't ask questions that are... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2023
That depends on whether your boyfriend has any relevant information regarding the divorce. Generally, they cannot ask about his finances. The deposition must occur in the county where your boyfriend lives. If opposing counsel's office meets that requirement then the deposition can be held... View More
Husband has owned a successful business and did not want wife to work, now that marriage is not working hes telling her to get a job and with holding money from her for basic living needs.
answered on Oct 2, 2023
he can file for divorce and seek temporary spousal support until she can find work and support herself. Of course, it depends on many factors, like how long you've been married, whether you worked before having children, and the age of your children. Speak with a family law attorney to learn... View More
Husband owner his own business and never wanted wife to work. Hes now withholding money to basically control her.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
There are several relevant factors needed to properly answer your question. How long have you been married? How old are the children now? Did you work prior to having children? How old are you? Generally, moving forward, if you are able the court will expect you to work at something. You should... View More
With help from my family I was able to escape an extremely abusive marriage. I’ve been living alone, in hiding from my estranged Husband for the past two years while my lawyer has been working to overcome my Husband’s (& his Counsel’s) deliberate delays as well as both of them obstructing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023
In Florida, it is typically permissible for your husband's lawyer to contact your landlord, especially if it is relevant to the ongoing legal proceedings. However, given your concerns about privacy and safety, it's important to take steps to protect yourself. First, discuss your concerns... View More
House value 185k, home paid off by insurance company 5 years later.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023
This is not a simple calculation. You can probably recover your non-marital down payment but the remaining equity would probably be divided in half as marital. One or both names on the deed does not change the legal analysis in a divorce. Speak with a local family lawyer for more specific advice.
I'm an immigrant married to a US citizen who will be filing for a VAWA green card. I was a victim of domestic abuse and I would like to divorce my spouse. During our marriage he was the main bread winner and I was the care taker at home. I could not work due to immigration reason but I have a... View More
answered on Sep 6, 2023
The decision of whether to file for divorce first or pursue a VAWA (Violence Against Women Act) self-petition for a green card depends on your individual circumstances and the facts of your case. It's essential to consider various factors before making a decision, and it's advisable to... View More
I'm an immigrant married to a US citizen who will be filing for a VAWA green card. I was a victim of domestic abuse and I would like to divorce my spouse. During our marriage he was the main bread winner and I was the care taker at home. I could not work due to immigration reason but I have a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023
I'm sorry to hear that you're experiencing this. When it comes to filing for a green card under the Violence Against Women Act (VAWA) versus filing for divorce, it can often be a strategic choice. In many cases, it may be advantageous to initiate your VAWA self-petition before filing for... View More
I am currently married but seperated and I would like to set up custody arrangements so that my spouse can see our child. If I do that before the divorce will that affect child support payments?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023
The two parents can voluntarily enter into a parenting plan. As long as you both agree and sign then it is a binding contract between the two of you which can be used later if you divorce. Technically there is no child support due while you remain married. Once child support begins it will be based... View 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.
