Get free answers to your Divorce legal questions from lawyers in your area.
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... View More 
He is physically abusive and it is just he and I in the home. Kids are moved out. He has threatened to burn the house before he transfer it to me
answered on Mar 5, 2023
Your remedy is to return to court with a Motion to Enforce your settlement agreement. The court can order the house to be sold if that is what the agreement says. Speak with a local family lawyer for more specific advice.
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... View 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.
We had a marital house of 14 years in Canada, & decided to sell it and relocate to Florida. I came first & left husband selling the home and signed the power of attorney to him. I asked him how much $ was left after the sale-he said the bank took everything and there was nothing left. Year... View More
answered on Feb 22, 2023
If the court has already entered a final judgment, you have 10 days to file a motion to vacate the judgment. If you seek to vacate the final judgment and the court denies your request, you then have 30 days to file an appeal.
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,... View 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... View 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... View 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... View More
answered on Feb 15, 2023
No. This type of payment would fall under equitable distribution (the division of assets and liabilities) and not income. Speak with a local family lawyer for more specific advice.
Making the payments. He wants to keep the house. Do I have any rights to compensation for helping pay the mortgage the past 18 years?
answered on Feb 14, 2023
In Florida, marital property is typically divided equitably in a divorce. This means that all assets and debts acquired during the marriage, regardless of who owns them, are considered marital property and subject to division.
In the case you've described, the house is considered... View More
answered on Jan 31, 2023
Palimony is a term used to describe financial support given by one person to another after a non-marital supportive relationship has ended.
However, Palimony is not recognized in the state of Florida, which means you cannot sue for palimony in the family courts in Florida. If you have been... View More
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answered on Jan 26, 2023
The final answer is more complicated, but the short answer is that it is very possible that you would have to share the asset. You should always consult an attorney before making financial decisions if you believe that there a good chance that the marriage will be dissolved at a future point.
Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.
answered on Jan 20, 2023
In Florida, property acquired during a marriage is considered marital property, and is subject to equitable distribution during a divorce. This means that the court will divide the property in a fair and reasonable manner, taking into account factors such as the length of the marriage, each... View More
What is the process if I am unable to pay the spousal agreement? Does he get a judgment, like a creditor would, and go from there or would the court somehow be involved with enforcing it even though it was not court ordered, just filed with the courts as a divorce agreement.
answered on Jan 18, 2023
First, the agreement will be interpreted according to California law. In Florida, the first step would be to go to court on an enforcement action. In an enforcement action a possible remedy is a judgment. You should tale the written agreement and speak with a local family lawyer for more specific... View More
I had sign assets division but made a mistake and got much less than her! Could I legally ask to get some compensation from her?
answered on Jan 18, 2023
If you signed an agreement and eleven years has passed it is unlikely that you can change anything. Take the agreement and speak with a local family lawyer for more specific advice.
answered on Jan 17, 2023
I'm guessing you want to know how much she makes a year, not for her to actually pay it to you. You engage in discovery by serving her with a request for production or interrogatories, or scheduling her deposition.
The vehicle title specifically stated "John Doe or Jane Doe," while the vehicle registration states "John Doe, Jane Doe" (don't know if the comma or wording is important). The registration is still valid for 5 months. The vehicle was sold. Several months later, John and... View More
answered on Jan 14, 2023
The first question is this: what did the divorce decree provide regarding who was to get the vehicle?
Assuming he got the vehicle in the divorce, she would have no grounds for objecting to his transferring it to himself.
I had to call the police and they took him to a hotel until he was sober. He will not come back home and will not talk with me about anything. All our bills including his own come out of my accounts. He even has one of the cars which my name is on and comes out of my account. He is not sending... View More
answered on Jan 13, 2023
You may file for divorce, where you can ask the court to order your husband to pay certain bills as well as alimony and child support, or you may file a motion for temporary relief, which can include temporary alimony and child support and an order for your husband to pay certain bills while the... View More
So my mother in law and father in law put down 85,000$ on our house well there daughter is on the deed not the mortgage there salty bc when stuff went south I stopped paying the mortgage when I found she was cheating on me now I’m being threatened with eviction
answered on Dec 30, 2022
You do not mention if you are in divorce court. Once a divorce is filed you gain certain protections from the court incident to the divorce. Since your wife's name is on the deed and you are currently married you have a marital interest in the house. This is different than being evicted. Do... View More
I meant to say take out a mortgage to pay alimony
answered on Dec 29, 2022
Alimony is based on and should be paid from your income, not your assets. If you cannot afford your alimony obligation with your income then you need to return to court for a modification. Paying off your house presumably will reduce your monthly expenses which if anything should give you more... View More
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