Get free answers to your Divorce legal questions from lawyers in your area.
I would like to know what my husband can & can't do after 16 years of marriage and not allowing me to work & has supported me and my way of living for the past 16 years.
1.An attorney said he could open a new bank account with no obligations to maintain money to me is that... View More 
answered on Aug 23, 2022
While you are married, generally, each of you are free to do what you want. It is only when a divorce is filed that you can receive the protections that I believe you are seeking. Alimony is based on several factors but the focus is based on two main factors which are need and ability (your need to... View More
My wife moved the kids from our home in Melbourne, Florida without telling me. I am still providing financial supporting to the kids. The kids are 7 and 5 years old. My wife told me that she enrolled the kids in a school in Maryland without my consent. What are my rights and responsibilities?
answered on Aug 18, 2022
Hire an attorney. The attorney will go into court and file an Emergency Motion for Pick-up. You could have the kids back with two to three days. Good luck!
My wife moved to Maryland with our two kids without my consent and knowledge. I still provide her with financial support for the sake of the kids. She left Florida on July 11, 2022 (38 Days ago as of August 18, 2022). I would like to file for divorce first and deal with custody issue later. We do... View More
answered on Aug 18, 2022
We would need more information to answer this question. For example, how long has she been out of state as this will have an effect on jurisdiction. It may be best to contact an attorney to discuss your case before proceeding.
answered on Aug 15, 2022
No. You do not need to live separately before filing for divorce in Florida. You also do not need to live separately during the divorce if you can safely live together. One of you has to be a resident of Florida for 6 months and the marriage is "irretrievably broken" which means there... View More
answered on Aug 14, 2022
The cheapest route is if you and your spouse are in agreement with all the terms and can file an uncontested divorce. If you cannot come to an agreement on all the terms a contested divorce will need to be filed which is alot longer and more expensive. As for the cost, you would need to reach out... View More
She is an illegal immigrant and has lied and cheated on me with my ex-husband and is trying to use me to get a greencard. I don't have much money will have to file things myself.
answered on Aug 3, 2022
A prenuptial agreement should be completed before the marriage. You can, however, sign a postnuptial agreement after getting married. It works the same as prenuptial agreement.
She cant because she is claimed by them. Is this true? Is my friend trapped?
answered on Aug 3, 2022
What you are describing is completely false. Florida is a no fault state and you can get divorced with out restriction as long as you have lived in the state for more than six months. Speak with a local family lawyer for more specific advice.
In Florida if a mother (alive), father (deceased), and daughter (alive) own a condo with each having 1/3 share, does the daughters husband have any claim to this property?
If so, can the daughter donate her 1/3rd share back to the mother without issue from her husband or does he have any... View More
answered on Aug 1, 2022
Yes, her share is probably a marital asset and should be considered as such in a divorce. And yes, if the daughter attempts to convey her share to her mother, she might want to ask her husband to sign the deed by which the daughter's share is conveyed.
The papers from our divorce state that he was required to sign over his pension to me if he remarried before our youngest was out of high-school. He did remarry before that happened but never had the papers sent. I haven't questioned it because it is part of our divorce and should be honored... View More
answered on Jul 26, 2022
I would not wait. If you were to get his pension upon his remarriage before your child graduated from high school and there is a final judgment and a signed agreement, and those are the facts. You should ask him to sign over the pension. If he does not you should move to enforce the final... View More
We have been separated not legally for about 10 years but i can afford a divorce. He can afford it but he has not filed for one. I have a pending child support order. I want to get divorced.
answered on Jul 25, 2022
Contact your local legal aid society to see if you qualify for free legal help. You can also try your local bar association to see if they offer pro bono (free) services.
Good luck!
We have 3 children ( 11, 9 & 4), and he has a daughter (17y) from a previous marriage. There has been a history of verbal abuse and allegations of him propositioning the 17 year old daughter. It was investigated by dcf and no charges filed, but I do have a video recording of him admitting to... View More
I have not started divorce proceedings I am contemplating it very strongly but I want to know ahead of time of what awaits me. I would like to know if by selling the house am I responsible or do I have to pay on the mortgage with my half of the money being that the mortgage is only in his name. The... View More
answered on Jul 20, 2022
It is quite unusual for title to be held by both spouses but only one spouse having signed a mortgage. If the house is sold, either in the course of divorce or otherwise, the mortgage note would have to be paid. Presumably in a divorce you would get half of the net proceeds. But talk to an... View More
Has taken most of belongs from home. Has vehicle at know drug house and tag in my name. And says car has been towed. Lied to issue a temporary injunction on me. Is clearly on drugs. And a lot more that has happened
answered on Jul 18, 2022
Can you locate your wife or not?
You can file for divorce by publication if you have exhausted all efforts to locate your wife. You must prove that you made genuine efforts to locate your wife but turned to be fruitless. Prepare a dissolution of marriage notice for publication and get it... View More
At mediation they would not allow for me to claim sole ownership of Boat and Truck bought with, part of the $80,000 lump sum retroactive. nor $30,000 home upgrades
answered on Jul 14, 2022
Your disability payments are considered "income." Once that income was placed into a joint account it is considered "commingled." If you used that income during the marriage to support the marriage then the court will consider it to be a marital asset to be divided. This also... View More
I was charged with a DUI offense in November of 2020. I had 2 minors in the car, which caused me to be charged with child endangerment. That charge was dropped because this was my first offense. I didn't have to serve any jail time, I did have my licensee suspended. I did my community service... View More
answered on Jul 12, 2022
Because the DUI involved minors in the car you will definitely have to convince the court that drinking is not a problem for you. Hopefully it was an isolated incident. It will not matter that the charge was dropped. The legal standard is what is in the best interests of the child. You can also... View More
My biological parent has caused me a lot of trauma mentally and I was wondering if I can choose to live with my step parent because I am old enough to choose (16 years of age)
answered on Jul 7, 2022
Legally it will be your parents or the court who decide where you live. The step parent biological parent distinction will not be an issue because of the adoption. Both parents will be on equal footing. The legal standard that the court will use is what is in the best interests of the child. The... View More
I LIVE IN NYC AND MY EXWIFE AND KIDS LIVE IN TAMPA AND HOW MUCH TYPICALLY IS A RETAINER FEE FOR THIS SERVICE
answered on Jul 6, 2022
It is very difficult. You would have to prove a substantial change in circumstances and prove that it is in the best interest of the child to relocate. If your spouse puts up a legitimate fight, you should expect to pay a good, seasoned lawyer about $15,000 to $40,000. Good luck!
How do I protect those assets, while I wait for the divorce to be finalized?
answered on Jul 6, 2022
You would need your soon to be ex spouse to sign an agreement for each item acknowledging that the purchase is non-marital and that they will have no financial interest in the purchase. The best advice is to wait until the divorce is final before making purchases like these. Otherwise I highly... View More
If he opened credit cards that I didn’t know about am I liable for his debt? I never opened any credit cards with him.
answered on Jul 6, 2022
He probably would not be able to successfully claim them. And no; you would not be liable for such credit cards.
My husband is bipolar and when he has a full blown manic episode, the first thing he wants is a divorce. This time he filed a week before being admitted for a 14 day mental hold through VA. I'm hoping to hold out until his mood stabilizes, but am concerned about time limits. Any help provided... View More
answered on Jun 22, 2022
Hello, generally it is possible to back out of a Marital Settlement Agreement if it is done before the judge approves it and enters a Final Judgment. Considering that three years have gone by since the document was drafted and the divorce has not been finalized, it is likely you could argue for a... View More
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.
