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It also states I need to refinance my car into my name, but in texts we stated that once she pays me the 30k I would pay off my car and take her name off. She put the house up for sale and then took it down. Now I don’t know how to get the 30k and I don’t have money for a lawyer.
answered on Jul 7, 2023
Presumably the agreement provides that she is to sell the house. If you can't afford an attorney, you will have to write and file your own motion, a motion to hold her in contempt of court.
I filed for dissolution of marriage with a minor child recently. the respondent didn't reply in the 20 day summons deadline. i was issues a default and got a magistrate court date in September. he eventually submitted a reply that was completely inaccurate after the default. I was told to... View More 
answered on Jul 6, 2023
You do not mention what type of hearing has been scheduled. If it is a final hearing then you need to submit whatever evidence you intend to rely on to support your case. Evidence submitted in advance is generally documentary. The other way that you prove your case is with testimony from witnesses.... View More
Hello I am seeking help with divorce from my husband who is incarcerated for battery on me for the third time he is in prison. I was advised that since this was in relation to domestic battery you would be able to help me divorce my husband. I am seeking immediate divorce as soon as possible , how... View More
answered on Jul 6, 2023
You need to contact a local family law attorney who will prepare your pleadings and serve your husband in prison. Speak with a local family lawyer for more specific advice.
Does the judge ask or do I have to mention it?
answered on Jul 4, 2023
Alimony should be mentioned in the pleadings which have already been filed. Be sure to ask the judge if the judge doesn't say something about it.
I filed before waiting the 6 months without knowing I had to be a resident not it’s sitting on “pending” how do i get dismissed.
answered on Jun 22, 2023
You can file a Notice of Voluntary Dismissal, but check with the clerk first about getting the filing fee refunded. You may be able to apply it to a new filing after you have been in Florida for six months. Speak with a local family lawyer for more specific advice.
My wife has filed for divorce. A point of contention is her 401k and money in a savings account. The money was gained when she and her siblings sold property inherited from their father. I helped make the properties ready to sell. Am I entitled to any of either account?
answered on Jun 19, 2023
Initially it sounds like you are describing a non-marital asset (the inheritance). If those funds have been commingled in any way, you may have a marital interest. If the 401K was accrued during the marriage then you have a marital interest. Speak with a local family lawyer for more specific advice.
This has been going on since the end of 2018 into 2019. My ex accused my mother of being under the influence of drugs (she was age 65) when she exchanged the children with him. He would stop me from seeing them if I didn't give him $300/month for child support. Unfortunately after he stopped... View More
answered on Jun 17, 2023
You can retain an attorney to assist you with mediation. If that is the only proceeding you would like to retain an attorney for, then you would need to search for attorneys who offer limited-scope representation. Any allegations of abuse should be reported to the proper authorities. Consult with... View More
My ex-husband gets alimony from me every month. He is currently living with his girlfriend, who he also got pregnant. This has been a couple months now that they’ve been living together. I have proof of her living there. Is this anything to be able to stop paying him?
answered on Jun 13, 2023
The issue for court is whether he is in a supportive relationship. That means someone else supporting him, not the other way around. If his girlfriend pays half the rent, pays utilities, etc. then maybe you have a case. Speak with a local family lawyer for more specific advice.
We were split for 7 months she had job and place to stay. Suddenly she was homeless, at my door. our 9 year old son cause wind of the situation. I allowed her to stay under strict circumstances/rules. Within a week she was unemployed. It’s been almost a year, I am going crazy. I need advice on... View More
answered on Jun 6, 2023
If your Wife has been served and she has failed to respond to the Petition, you can file a motion for default. However, if she has responded, you will need to comply with mandatory disclosures and request a mediation date be set. Based on the information you have provided, it may be advisable to... View More
How can I do so? What can I do? Like I know for sure he’s not doing anything with the case.
answered on Jun 4, 2023
As the petitioner you can request a hearing. If you are not sure where you are ask for a case management conference. That is a check in with the judge. If the respondent does not appear (or is not doing what they are supposed to do) then you can file a motion to compel the action. Speak with a... View More
Just a couple of weeks ago he sent me messages saying he wants to be together (divorce is pending) and now there’s nothing being done within the case. What can I do?
answered on Jun 2, 2023
Are you the Petitioner? If not, did you file a counter petition? As the Petitioner or Counter Petitioner you have the ability to move the case forward. If all you have done is Answer (making you the Respondent) then he is in control of moving the case. Speak with a local family lawyer for more... View More
My daughter had the choice live here for free and go to school or get a job and pay rent. She decided to be on her own and lived with a family member for almost a year and worked a job. Recently moved to P.R. and is living with her father. Now, she is asking for the child support card and money,... View More
answered on Jun 2, 2023
Question 1: Is there a current child support order in place? If no, then you have no financial obligation at all. Legally child support can only be pursued by the parents so your child has no legal standing to request child support from you. Finally, if your child is 18 then she is emancipated and... View More
1 week or so before his death he changed his policy to disinclude his grandchildren and only include his current wife. Grandma did not give approval. Was this done properly? Do the grandkids have a right to the money from the policy due to it being in the divorce decree?
answered on Jun 2, 2023
If the grandfather was bound by the divorce decree to maintain life insurance for the benefit of the children and he violated the decree, his estate may be liable for the loss suffered by the grandchildren under a breach of contract claim. It also sounds like the change to the life insurance may... View More
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... View More
answered on May 28, 2023
Pets are considered property in a divorce. Whatever you do, my advice is to inform the other party of your actions. If the two of you agree you can do whatever you like. If the two of you do not agree you could get in trouble with the court for taking unilateral action. Speak with a local family... View 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,"... View 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... View More
answered on May 22, 2023
Legally she can give whatever her current legal name is to her spouse.
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