answered on May 31, 2023
Normally an engagement ring is considered a gift to the wife and is her separate property. There are other factors that may change that so you should speak with a local family lawyer for more specific advice.
Can I take my child out of state, if a restraining order is on me from my soon to be ex wife? I haven’t seen my child in a couple of months.
answered on May 31, 2023
You may hire a lawyer in one state, even if you live in another. You really should since you appear to be subject to a restraining order which may be controlling over your parenting rights until you can get an order more specifically setting out those rights. The specific language of the... Read more »
When we bought the house it was tenants in common with right of survivorship after we divorced it automatically converted to tenants in common with 50/50 ownership. Now that we remarried each other will it reconvert to tenants in common with right of survivorship!
answered on May 27, 2023
Interesting question. In my opinion as a family law attorney, remarriage does not automatically "reconvert" the property title. You might consider executing a Quitclaim Deed - both as grantors and both as grantees to give you both equal rights as "Tenants by the Entireties,"... Read more »
Also what happens if the notary did not check either "personally know to me" or "produced identification" and neglected to mark the type of identification on the edited document?
answered on May 22, 2023
A marital settlement agreement is a contract between the parties. It cannot be changed unless both parties sign off on the change. Amendments to a marital settlement agreement are not directly related to whether there is a counter petition or not. The missing notary check mark is probably not... Read more »
Husband filed a DV Injunction and a Judge gave him temporary possession of the home and put me on the streets and wasn't making payments on the house or the home equity line of credit. I dont know what he told the post office but they returned my mail and anything with both names on it, they... Read more »
answered on May 22, 2023
The judge in the divorce case cannot put a stay on the foreclosure, generally. However, the judge can order one or both spouses to make payments. If either spouse fails to make payment, the judge can hold that party in contemp of court.
To stop the foreclosure, you need an attorney to... Read more »
The house is in his name only but I am a successor in interest, he bought it when we were together but not yet married, I have been paying the mortgage by myself for over a year. What can I do to protect myself and kids from becoming homeless unexpectedly?
answered on May 13, 2023
If you are married and living in the house then you have a marital interest in the house and cannot be evicted. Your remedy (protection) would be to file a divorce action in family court. This will help you enforce the legal rights of you and your children. Speak with a local family attorney for... Read more »
Loans are all in exwife name and over the years have been paid off and on- going into deferrment a few times.i have remarried and moved to Florida and am 73 years old. The original loans were for $53000 and now with interest is way over $150000.My ex has now sued me in a Pennsylvania court for 1/2... Read more »
answered on May 11, 2023
Being your case is from Pennsylvania and there was recent litigation that took place there, you would need to contact an attorney in Pennsylvania to address those issues. As for the order being enforceable in Florida, the opposing party would need to domesticate the order in Florida for it to be... Read more »
STEM program is only 1 hour away from the mothers house. Fathers house is 36 mintues away and is able to take and pick up child from school if he had majority custody. The mother has no job, and is fully capable of taking and pikcing up child from the STEM program, but refuses to for unknown... Read more »
answered on May 7, 2023
You would not need to have majority custody. You would only need to have final decision-making over educational decisions. You could file a motion in the same court where the initial parenting plan or schedule was entered and ask to have it modified or ask to have the court determine if the STEM... Read more »
I filed for divorce in feb. when I did the first package the family affidavit was file . The judge order mediation but her lawyer didn’t submit her affidavit till this morning which I couldn’t see till after mediation which we didn’t agree to anything! I emailed the lawyer asking her for the... Read more »
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answered on May 23, 2023
Both parties are required to provide mandatory disclosure to the other party. Florida Family Law Rule 12.285 states what documents are required to be provided to the other party and the time frame for production. If a party fails to provide said disclosure, the opposing party can file a motion to... Read more »
I had agreed to forgo payment for one of my children's monthly insurance , with the understanding that my ex stop threatening to take me back to court. My job situation has changed and I am currently paying health insurance for both children. I am asking him to pay his half as it was... Read more »
answered on Apr 26, 2023
Detrimental reliance means that one person changed their position because of what the other person did. In your case, you agreed that your ex wouldn't have to pay part of the insurance because he promised not to take you back to court. Depending on what it is that he was threating to go to... Read more »
. Our verbal agreement was to pay half and half. Is it possible for me to force him to pay his half off during our divorce so I don't have to keep begging him to send me $125 every month as I have been? (and he has not paid in 4 months)
answered on Apr 17, 2023
Yes, as long as the tax liability was accrued during the marriage then you are each responsible for half. You can either agree to pay it off as part of the divorce or include it in a marital settlement agreement. If no agreement then the judge can order that you are both responsible. Speak with a... Read more »
Husband trying to divorce me. Says uncontested but he clearly is making it an issue. Threatening contested divorce if I don't split 5050 on car. Marital Settlement Agreement states Automobile is not joint and sole responsibility of that on the title (me)
But arguing with me we need to... Read more »
answered on Mar 29, 2023
A financial affidavit is required if there are children or if there is an alimony claim. If you are, in fact, arguing over assets or liabilities then a financial affidavit is a good idea. If the case is uncontested with no children or claim for alimony then you can proceed without a financial... Read more »
In Florida can you tell me what forms I need to print out to file a divorce?
We have 6 children together, yet do not have custody of them...do we still need to add them in divorce?
Also, with dents or 401 k or anything obtained how do we go about that? Is there any way to find out... Read more »
answered on Mar 17, 2023
You are asking questions that are a little complicated for an online answer. If you do not have custody or financial responsibility for any children then they probably do not need to be included. As far as assets, part of the divorce process is a mandatory disclosure by each party of what they... Read more »
I have been paying 800 per month for three years and she won't sign the papers. Our divorce is uncontested and we have agreed on all of our own terms. Nothing legally has been filed. Can I stop paying my support payments to encourage her to sign?
answered on Mar 8, 2023
Although not Court Ordered
you should continue.
See an attorney as soon as possible and get him or her your tax returns last 3,years pay records & mandatory disclosure documents & her financials if you have them to determine child support.Did you & your wife sign a... Read more »
I have been paying 800 per month for three years and she won't sign the papers. Our divorce is uncontested and we have agreed on all of our own terms. Nothing legally has been filed. Can I stop paying my support payments to encourage her to sign?
answered on Mar 8, 2023
If and when your divorce is finalized there will be a child support obligation. You will receive credit for any payments made voluntarily towards child support. As long as you recognize that you will owe child support and there is no court order now that you pay child support you have no current... Read more »
My ex-husband has been recording our conversations and sending them to his friends
Is there a statute of limitations? It's been four years.
answered on Mar 3, 2023
Under Florida recording law, (two-party consent law) secretly recording individuals without their knowledge and consent is illegal. If someone have any audio recordings of you that you did not consent to, they can be criminally prosecuted. This can be a 3rd Degree Felony offense, punishable by up... Read more »
She fled with the vehicle while I was at work and left the state. Is there anything legally I can do? The vehicle is in both of our names and the final hearing has not yet happened.
answered on Mar 1, 2023
You should hire a family law attorney in or near the county where your case is pending to request exclusive use and possession of the vehicle during the pendency of the divorce proceeding, and then to seek enforcement of that order if she doesn’t return the vehicle.
My wife sent me divorce papers ( Notice of Case Management Conference) to the address listed under an LLC in Florida ( I am one of the people on the LLC,) however the address that is listed under my name is the registered agent address for the business. I did not personally sign for the documents,... Read more »
answered on Feb 22, 2023
Service of process is only required for the initial petition. After that, documents can be sent either through the court's eportal (via email) or they can be sent via regular mail wherever you may be. What is important is that you received the documents. If there ever was an issue where you... Read more »
was told under some new law my 700 dollar alimony was cut to 319 dollars for 17 year? am I still eligible for the full 700 for life time? for the state of Florida
answered on Feb 21, 2023
If you were divorced in June 2022 then you are bound by whatever that court order says. It is not clear why the amount changed from 700 to 319 but there is no law in Florida that would mandate that change. You should take your court documents and speak with a local family lawyer for more specific... Read more »
I had a hearing on a motion. During that hearing respondent wasnt given time to respond so the hearing is continuing at a later date. but before the date came. the plaintiff submitted a amended motion. is that legal ? It is a Family Case (divorce) in Florida
answered on Feb 20, 2023
Sounds like the "hearing" did not address the merits of the original motion and the motion hearing was was rescheduled to allow time for a responsive pleading. In that case, I don't see an issue with an amended motion assuming you have sufficient time to respond and prepare for the... Read more »
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