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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Florida on
Q: Is it legal for my wife to be charged $11k to cancel legal services so she can cancel her divorce filing?

We reconciled before the lawyer filed. She asked the lawyer to cancel the, but he filed anyhow. Now we're being told to allow the hearing to take place on the 7th of February or he will charge her an additional $11k following the $2800 filing fee. Is this legal, we just want to cancel the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 3, 2022

You need to carefully read the retainer agreement that she signed. It should address what is owed and what the refund policy is. What you are describing does not sound right as it would be unethical to charge such a large sum for no work done. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Any laws prohibiting what can be expensed/excluded from selfempincome in Fl in regards to income calc. for child support

My ex is a realtor so he can expense everything and reduce his income to almost nothing to avoid paying child support. Any laws to prevent this? What business expenses are allowable? Is gross income not used to calculate child support in this case?

Michael Ferrin
Michael Ferrin
answered on Nov 3, 2022

You may want to consider hiring an accountant to go through his personal and business financials to determine what expenses are personal or inflated. The short answer is that any expenses that are personal in nature you should have a good argument to have them included in his income for purposes of... View More

1 Answer | Asked in Divorce for Florida on
Q: I want to leave my husband but we have a house together and I know he will not pay the mortgage. What are my options.?
Rand Scott Lieber
Rand Scott Lieber
answered on Oct 31, 2022

Ultimately the house will be divided (any equity) in the divorce. In the meantime, most jurisdictions (courts) have a rule that both parties must maintain the financial status quo. This means that each of you is expected to continue paying any bills that you traditionally paid. If he stops paying... View More

1 Answer | Asked in Divorce for Florida on
Q: Will I lose my permanent alimony if I move in w/my boyfriend? I am 2 yrs post divorce of 29 years.

Will I lose it if I move out of state also with my boyfriend?

Michael Ferrin
Michael Ferrin
answered on Oct 31, 2022

Unless the final judgment states that the alimony is non modifiable, if you are found to be in a supportive relationship it could affect your permanent alimony. To be clearer, if your boyfriend is contributing towards your living expenses (groceries, gas, car payment, rent, mortgage) or you are... View More

1 Answer | Asked in Divorce for Florida on
Q: Is the email that your lawyer sends you with the final judgement of your divorce considered a certified copy?

I just got an email from my attorney with the pdf attachement and not sure if this is considered a certified copy or should I have to request one from the court (it is to present for marrying purposes)

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

Normally you need to pay a small fee for a certified copy. It is not provided automatically. Electronic (by email) certified copies do exist but they will have a seal and certification that are obvious. You should be able to go online to the clerk's website where you were divorced and order a... View More

1 Answer | Asked in Family Law and Divorce for Florida on
Q: How can I get my personal belongings back from my husband?

My husband and I agreed to separate. We are still married. I took what few personal belongings I could, and he agreed that I could come back for the rest of my belongings when I was able to get a moving truck. This was supposed to be immediate, but every time I was able to come get it, he'd... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 25, 2022

It sounds like you need to go to court. You say that the two of you have agreed to divorce. You are going to need to file a divorce with the court. At that point you can ask the court for help with getting your personal items returned. Your other non-court option would be to contact the police and... View More

1 Answer | Asked in Divorce, Contracts and Family Law for Florida on
Q: Statute of limitations on a car that was never repossessed. Ex husband was ordered in divorce to payoff and sign to me

Recently found out he stopped paying on it several years ago and that repo was looking for it then. My question is what shall I do about this situation. I did contact finance company when I found out and the person was not very informative but casually said someone will come get it next week. That... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2022

You have raised two separate legal issues. Regarding the divorce agreement, you can return to family court and pursue your ex for the value of the car that was never paid off. Regarding the repo, that is an issue between the finance company and whoever's name is on the finance documents. If... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: If life insurance was a part of your divorce and your ex souse dies can a fiduciary change the beneficiary?

No modifications of the divorce what so ever were ever put through to the court.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2022

Life insurance is a contract with the life insurance company. From the divorce case you need to read your final order or agreement carefully to see what the requirements were. If the spouse has already passed away then the life insurance company will do whatever the contract said. Beneficiaries... View More

1 Answer | Asked in Divorce for Florida on
Q: Husband and wife both agree to a divorce both have agreed to a parenting plan so why would the judge keep continuing

The case? The judge keeps bringing up restraining orders from years ago that have been handled and is not the situation anymore is there a way to request a different judge?

V Julia Luyster
V Julia Luyster
answered on Oct 4, 2022

You may not ask for a different judge. If you have a Consent Final Judgment prepared the judge may be looking at the history of any domestic violence as a factor to determine if the Parenting Plan is in the best interest of the children before the Judge signs off on it.

1 Answer | Asked in Divorce for Florida on
Q: What does - MOTION / WAIVER REQUESTING EX PARTE FINAL HEARING,. WITH FINAL HEARING SWORN TESTIMONY means?

I am in the last part of my divorce (no children or property, yet taking more than a year), and saw this entered in the public record, what does it means? Does it means I am waiting for the judge to schedule the final hearing?

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 4, 2022

This means that the judge can enter your final judgment without a hearing. If everything is settled then this is how your case will end.

1 Answer | Asked in Divorce for Florida on
Q: Am I still entitled to half of our home in the divorce?

01/2001 - Husband completed construction on new home & moved in.

2/11/01 - We began living together in his home and combining incomes into one account, paying all bills together,

12/12/03 - Got engaged

3/8/05 - Husband was injured in an accident at work & became... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 26, 2022

If you have lived together in the home and supported the home financially for the past eight years then you have a marital interest in the home. Whether your interest is half is a more complex question. He may have an argument that his settlement was a non-marital asset that should be returned to... View More

1 Answer | Asked in Divorce for Florida on
Q: How can I get my spouse to move out of rented home? He refuses to leave even if I file for divorce.

Both of us are on the lease, and he could not afford it without my income. I want to file for divorce, but it seems pointless if he refuses to leave. He has not contributed financially for at least 7 years. I'm willing to work with him on things like health insurance, temp alimony, etc, but I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 25, 2022

When you file for divorce, one of the things you should ask for would be that he be ordered to move out.

1 Answer | Asked in Divorce for Florida on
Q: Getting divorce in Fl Husband had a 401k plan. before getting married stopped Contributing to the 401(k) change

Does wife have claim of any of this money. When married I had already stop contributing to it

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 24, 2022

If spouse 1 made no contributions during the marriage then they can argue that it is a non-marital asset. Spouse 2 would need to prove that spouse 1 somehow used it or commingled it during the marriage in order to make it part of the marital estate. For example, if spouse 1 took a loan against it... View More

2 Answers | Asked in Divorce for Florida on
Q: Does FLorida have common law marriages

I want to leave my boyfriend and want to take the property that was mine with me.

Michael Ferrin
Michael Ferrin
answered on Sep 22, 2022

Florida does not recognize common law marriage

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2 Answers | Asked in Child Support, Social Security, Divorce and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.

Pamela J. Fero
Pamela J. Fero
answered on Sep 19, 2022

File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.

Talk to your attorney to know how best to proceed.

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1 Answer | Asked in Divorce for Florida on
Q: Separated under duress’ A year later - files for divorce in nyc. I moved to Florida. I have no money , I need help -

There is undisclosed $$ accounts and rental property income .

Michael Ferrin
Michael Ferrin
answered on Sep 16, 2022

If you and your husband lived in NYC when you were married it may be appropriate for him to file the case in NYC but more information is needed in order to provide you an appropriate response. Given that he has filed a case in NYC it would be prudent to contact an attorney in NYC to assist you with... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My wife and I are getting divorced. My truck is in her name and her vehicle is in mine. Can I take mine back?

This is in Florida. Both vehicles are solely in the other spouses name. I am trying to take the one in my name and give her the one in her name until we get divorced and can figure it out in court. She is objecting but the divorce has not been filed yet. Both vehicles are being financed

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

You do not mention if the other party is objecting. Generally when a divorce is file the expectation is that both parties will maintain the status quo, financial and otherwise. You should continue to use the vehicle that you have traditionally used. If that requires a change then you must either... View More

1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: My husband and I bought a house in October 2021. He used $ from his 401k; Does that mean the house is his?

We moved from IL. I worked at a school, received unemployment which paid off all credit cards, his car, moving box, loan, his air b&b (he moved down in August/family in Nov) I am now contemplating divorce. Been married 7 years.

Michael Ferrin
Michael Ferrin
answered on Sep 7, 2022

The general rule is that everything that you acquire during the marriage, both debts and assets, are considered marital. The home, being it was purchased during the marriage would most likely be marital but we would have to do a complete assessment of your case to say for sure.

1 Answer | Asked in Divorce for Florida on
Q: My husband recently abandoned me and our daughter and took our son 1200 miles away and left us with nothing.

How do I apply for spousal maintenance until I am able to afford the bills he left me with him bring sole provider in our household

Michael Ferrin
Michael Ferrin
answered on Sep 5, 2022

You can either file for divorce (recommended) or file a petition for support unconnected with divorce. The divorce would handle all the issues pertaining to your marriage including the custody of the children, division of assets and debts, as well as both alimony and child support. The petition for... View More

1 Answer | Asked in Divorce for Florida on
Q: My husband has the land we have in only his name. I’m I going to be able to get half of since purchasing it last year

He is a co-owner of the property that we bought.

Michael Ferrin
Michael Ferrin
answered on Sep 5, 2022

We would recommend you meet with an attorney as more information is needed to answer your question. Generally speaking, any assets or debts acquired during the marriage are considered marital regardless of whether the title is held jointly or individually. But there are certain exceptions.

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