Get free answers to your Divorce legal questions from lawyers in your area.
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... View 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... View 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... View 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... View 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... View More
answered on May 6, 2023
You divorce her where one of you reside. If you live in Ciewiston, Florida, you would file with the clerk of court for whichever county that place is in.
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... View 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... View 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... View More
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... View More
I bought the house while married with inheritance she gets to stay in the house for 3 years then we sell it
answered on Apr 26, 2023
No, the lender would probably refuse to give her a loan secured by a mortgage on the house unless you also sign the mortgage.
It is unclear what her getting to stay for three years is about. Are you separated? Was this agreement in writing?
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... View 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... View More
Certificate.She signed our mortgage with her maiden name. Does this void out anything?
answered on Apr 20, 2023
No, this is not something to be concerned about. Just make sure that you use the correct "current" names for all legal documents. Speak with a local family lawyer for more specific advice.
I filed for divorce. My “wife” accused me of domestic violence and I was unable to see my son for 7 months. She also took out a civil injunction against me while I still had the ankle monitor. She filed the civil injunction the same day of hearing I had on motion to amend pretrial conditions... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2023
That may be a good idea but you should probably hire an attorney to draft this request and the amended petition for you.
. 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... View More
I know someone who got pressured into an engagement and the in-laws booked a venue and caterers less than a day later. They’re planning an entire wedding without his input or any consideration for his family who I believe may not even be invited. The wedding will be only 3-4 weeks after the... View More
answered on Apr 9, 2023
Generally speaking the answer is no. The person needs to be careful about how much they are participating in the planning and whether they sign any contracts with providers of services. This sounds like something that they should say to the fiance?!
we are separated. he took the car bck from me in the middle of the night. That was my transportation to work and daycare for our daughter. His name was on the car I made the payments and I was the policyholder of the insurance. he had got into an accident. It was the other driver's fault he... View More
answered on Apr 5, 2023
Unless you have filed for divorce you and your husband are considered a financial unit. The money technically came into the marriage and there is no legal basis (with no divorce pending) that compels him to give you half. Speak with a local family lawyer for more specific advice.
answered on Mar 31, 2023
Just indicate that they do not have a SSN. You do not need a different form.
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... View 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... View More
We were married for 18 years and have 2 daughters, I didn’t receive any alimony and I had no legal representation. He wrote the divorce settlement himself and hired a mediator that I never met.
Reopen due to:
*FRAUD
*I SIGNED UNDER DURESS
*PERJURY
*HID... View More
answered on Mar 25, 2023
You list grounds but do specifically state facts to support allegations
Was there financial disclosure I.e.,Mandatory Disclosure? Financial Affidavits? Tax returns? Earnings statements ,1099s etc.
Have you seen an attorney to review your divorce settlement?Why did you wait... View More
Filed for divorce in 2016 in Westmoreland county back in Florida lost the house to foreclosure. The original judge for the divorce ended up being our foreclosure, Attorney I was on the deed/not the mortgage husband made me lose it. Mortgage company wouldn’t talk to me. Tried to go to court to... View More
answered on Mar 19, 2023
If the Pennsylvania divorce was concluded with a final decree, no, you probably won't be able to "move [your] divorce to Florida"; you are already divorced. The rest of your post is too incoherent for a meaningful response. You might want to consult with an attorney.
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... View 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... View More
answered on Mar 14, 2023
The short answer is no. The lender will require a signed form from the non-borrowing spouse to protect their rights in case of a default on the loan. Speak with a local real estate lawyer for more specific advice.
answered on Mar 9, 2023
You can hire a private investigator to research your spouse's financial accounts. Speak with a local family lawyer for more specific advice.
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.
