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Florida Divorce Questions & Answers
1 Answer | Asked in Immigration Law and Divorce for Florida on
Q: What could I be liable for if my foreign spouse divorces me in the US?

I live in Florida. I married a girl from Venezuela (in Florida) on November 17th, 2021 but she is not yet a legal citizen. Her mother and daughter just moved in with us from Venezuela a few weeks ago. I am worried that if we get a divorce I could be forced to pay support for her and her mother and... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 29, 2022

Did you file the i864 Affidavit of Support when you sponsored your wife for a green card? If yes then the divorce court may uphold that when ordering any support obligations. Discuss your situation with both a divorce lawyer and an immigration lawyer.

3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Is it possible for me to file for modification of child support on my own without a lawyer in Florida?

I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2022

There is no requirement for you to have a lawyer to file a modification. You will be expected to follow all of the rules that apply. If your situation continues to be contentious then expect it to be that way for the modification as well. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Divorce, Family Law and Immigration Law for Florida on
Q: What could I be liable for if my foreign spouse divorces me in the US?

I live in Florida. I married a girl from Venezuela (in Florida) on November 17th, 2021 but she is not yet a legal citizen. I am worried about divorce. Her mother and daughter just moved in with us from Venezuela a few weeks ago. I am worried that if we get a divorce I could be forced to pay alimony... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2022

As far as the family court is concerned you will not have an alimony obligation because it is a short term marriage. You may want to consult with an immigration attorney to confirm whether you have any support liability there.

1 Answer | Asked in Divorce for Florida on
Q: I am going through a divorce and And left the house 6 months ago and the wife is being difficult not letting me in the

The divorces in Florida The wife is being difficult and not letting me back into the house and I wanna know if I have any legal standing to just go to the house and make my way into the house somehow to get my equipment out of the house and if I do that and would I get in any trouble pork arrested

Michael Ferrin
Michael Ferrin
answered on Dec 12, 2022

If a divorce has not yet been filed, and no orders of exclusive use and possession have been issued, you have right to go back to your house so long as you are on the lease or are on title to the property. This sort of issue is common at the beginning stages of most divorces and you must be careful... View More

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Q: My wife filled divorce we got 3 kids
Paul Michael McDermott
Paul Michael McDermott
answered on Dec 8, 2022

You have 20 days to file your Answer to the Petition once you are actually "served" by the process server. It is usually recommended that you also file a Counter-Petition to include your requests for timesharing with the children, alimony, child support, etc... to preserve your rights.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: If someone inherits money from selling a house does the other spouse get half in a divorce ?

The husband was on the deed, his father passed away, he sold the house, paid inheritance taxes in the state of Pennsylvania.

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 5, 2022

An inheritance initially is a non-marital asset belonging only to the person who inherited. It can lose that non-marital nature by commingling (mixing) with marital assets. This issue can be complex. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Is it possible make a write agreement with my ex husband before get divorce . ,

We have a restaurant business together

Michael Ferrin
Michael Ferrin
answered on Dec 1, 2022

There are two types of agreements that may pertain to your situation. If you do not intend to file for divorce, but are planning just in case of divorce in the future, you can enter into a post nuptial agreement to address certain issues. Post nuptial agreements are similar to prenuptial agreements... View More

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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: divorced couple property in TIC/JTWROS can 1 person tell the other who can live there or not

divorce states husband to pay mortgage and the home is wife's primary residence ex husband is now demanding wife and sister in law to pay portion of mortgage and if not they both need to leave.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

Without reading the divorce decree, it's difficult to say but in general, if the Court granted the Wife the exclusive use of the house and ordered the husband to pay the mortgage, then he has no standing to demand that anyone do anything. It may not be a bad idea for the Wife to engage the... View More

2 Answers | Asked in Probate, Divorce and Family Law for Florida on
Q: What papers do I file for alimony in Florida with the case in Massachusetts. ?

My ex husband owes me court ordered alimony has not paid me in almost 4 yrs he moved to Florida a yr ago built a million dollar home . I have served him a few time never showed up for court the judge has him in contempt here in Massachusetts. I don’t know what I need to do to start a Florida case... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

You would need to hire a family law lawyer here in Florida. He would need to domesticate the foreign Massachusetts Alimony order here in Florida. Once that transfer is made, you can then enforce that via discovery and contempt if need be.

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2 Answers | Asked in Divorce and Estate Planning for Florida on
Q: My wife and I are both disabled I am on sddi she is on ssi we are considering divorce so she can draw a higher amount

We can't make it on our current income with food and gas prices rising we have no children or property

Michael Ferrin
Michael Ferrin
answered on Nov 26, 2022

I cannot give any insight on what benefits will be available while married or after divorce, but if you are both in agreement to get divorced you can file an uncontested or simplified divorce. You should speak with a professional specializing in social security benefits to assist you before making... View More

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1 Answer | Asked in Divorce for Florida on
Q: Do 18 yrs old children have to get mothers permission to leave country with father?
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 23, 2022

If you are 18 with your own ID and passport then you can legally travel unless there is a specific court order that says otherwise.

1 Answer | Asked in Divorce for Florida on
Q: Does mother have to be informed of where the father is taking his 18yr old children for vacation
Mr Eric Klein
Mr Eric Klein
answered on Nov 23, 2022

Once you are 18, you are emancipated. With this in mind, no you do not legally need either parent's permission to travel with the other. Good luck!

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What motion can I file when a parent willingly neglects to ensure the safety of a child from their known allergens?

My son is severely allergic to cats and dogs. Their father, who has not seen him physically for three years or had communication with him for two years, was granted visitation on 10/25 by a general magistrate even though my ex-husband refused to carry out what was issued in the report and... View More

Pamela J. Fero
Pamela J. Fero
answered on Nov 17, 2022

File a petition to modify time sharing.

1 Answer | Asked in Divorce for Florida on
Q: I was wondering if you could look at my dissolution of marriage to make sure its proof of being finalized

I have an email with the information I believe it’s saying I am but I need to know if I can take it to get my name changed back

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 15, 2022

Look for a local family lawyer that offers free consultations to help you.

3 Answers | Asked in Divorce and Family Law for Florida on
Q: Spouse filed and served a petition for Annulment of marriage. I have received papers. He has passed before my response.

What do I do? Do I still have to respond, and file with the court house? There is no more marriage to annul, though it is a summons.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 12, 2022

Once a party to a divorce that is pending passes away the family court loses jurisdiction meaning the case is over. You do not need to do anything, although you may want to notify the court of the death. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Divorce for Florida on
Q: what is the divorce process with kids but not having a lawyer in fl?
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 9, 2022

You are not required to have a lawyer in order to get a divorce in Florida. With or without a lawyer, at the end of your case you will have a parenting plan which defines the rights and responsibilities regarding the children. Speak with a local family lawyer for more specific advice. Look for... View More

3 Answers | Asked in Divorce for Florida on
Q: evidence husband has cheated the entire marriage, do you have to do marriage counseling during the divorce process?
Michael Ferrin
Michael Ferrin
answered on Nov 9, 2022

Florida law does not require parties to complete marriage counseling. Florida is also a no fault state, so unless your husband used a significant amount of marital funds in furtherance of his affairs, the fact that he was unfaithful during the marriage is not relevant.

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2 Answers | Asked in Divorce for Florida on
Q: How can I get my house in the divorce if I paid the downpayment but the mortgage is in both names?
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 9, 2022

The starting point for equitable distribution is 50/50. If you can show that your down payment was non-marital then you can subtract it off the top. In a divorce, the names on the title and mortgage are not deciding factors. The property is a marital asset. If you want to keep the house then you... View More

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1 Answer | Asked in Divorce for Florida on
Q: To respond to a summons is it calendar days or business days? What happens if my attorney did not respond within 20 days

I’ve retained an attorney. They filed an extension. Does the 20 day extension start on the date it was filed with the courts? What happens if that deadline is missed and no other extensions were filed? Would this be a breach and I can retain other representation?

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 7, 2022

If an extension was filed then you either need a court order or agreement from the other side about the extension. You can retain other representation at any time, regardless of whether there was a breach or not. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: My spouse and I agreed on a separation. If I move out but continue to assist financially 50/50 as normal with mortgage

Assist financially with kids schooling and activities can she say I abandoned her and in turn I lose any rights to our house

Michael Ferrin
Michael Ferrin
answered on Nov 6, 2022

You moving out of your home does not affect your marital interest in the home. It could however affect your access to the home given that you have chosen to leave and live separately. We would recommend that you speak with an experienced family law attorney to assist you.

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