Get free answers to your Divorce legal questions from lawyers in your area.
My soon to be ex-wife and I have agreed to a settlement payment but are awaiting final judgment from the Florida court. Is it possible (or unreasonable) to receive said settlement payment prior to the final judgment? And if so, what would be sufficient evidence of that advance payment to satisfy... View More 
answered on Jun 21, 2022
As long as the two of you are in agreement the payment can be exchanged anytime. Keep proof like any other payment (copy of a check, bank computer entry, etc.) I am assuming that the final judgment that you are waiting for says that the payment is a specific amount. Have the receiver sign something... View More
All 3 of our children are 18 and older. We have no property or any type of assets that need to be split. I have not had any contact with this man in 6-7 years and I just don't want to have anything else more to do with him. He has also cheated on me during our marriage and supposedly had 2... View More
answered on Jun 21, 2022
The only difference between this situation and others is that your husband is incarcerated. To get a divorce, file papers as you normally would and serve him with the papers. The service of process part is probably what you are concerned about. You simply file the papers here in Florida and hire a... View More
Good afternoon, my ex husband and I are divorced. We have a daughter together and she spends every other weekend at his house. He has a relationship with a woman that has three kids and all three kids sleep in the same room because she lives in a two bedroom house. Now he is planning on moving in... View More
answered on Jun 20, 2022
The court standard is always "best interests of the child." He does not have to provide a separate room for your daughter at his house. He does need to provide a room that is safe and appropriate for the child. You knowing the other children is not relevant to the court unless they are... View More
When alimony is stipulated wrong, can it be corrected or adjusted afterwards, or do I have to wait until the clause for revision is met. My kids are 16 and 10 yrs old. The clause in our divorce states that a revision of alimony will be made once both children are 18 or older. Do I have to wait... View More
answered on Jun 17, 2022
You need to read the final judgment/ marital settlement agreement to see if the alimony award is "modifiable" or "non-modifiable." If non then you are stuck with what the agreement says. Otherwise you can return to court on a petition for modification but you will need to show a... View More
Greetings,
My name is Linda. I am divorced and am living with my 5 years old son. The divorce occurred outside USA, in Albania and the Albanian Court granted me the custody of my son for raise and education. Both myself and my son are Americans, but my ex-husband, the father of my son is... View More
answered on Jun 13, 2022
You can try applying for the passport renewal without the other parent's consent first. There is an exception when the other parent cannot be found. Otherwise you will need to "domesticate" your foreign final judgment and then file a motion for the passport issuance. Speak with a... View More
She is sharing info about my sexual secrets to ruin my image and career
answered on Jun 12, 2022
If your divorce is already pending we would recommend filing an emergency motion to enjoin her from disclosing the information to third parties.
I thought a court order ment you had to pay what was ordered. I was ordered $30,000 and he has paid nothing to date.
answered on Jun 10, 2022
Pursuant to Florida law, you would need to return to court on a Motion for Enforcement of the court order. The next step would be a judgment, which is a legal piece of paper saying that the debt is owed. The next step is to enforce the judgment. Speak with a local family lawyer for more specific... View More
He has primary custody per our divorce papers as the judge said we got a divorce in 2018 and that’s what it was decided then but Now ge wants full custody because he wants to take kids to another state. Yesterday he told me I was not allowed to pick them up because his lawyer advices him not too... View More
answered on Jun 8, 2022
What you are describing sounds like he has filed a Petition for Relocation. Whatever the most recent court order says regarding timesharing is what he has to follow. If the court order (parenting plan) says that you get the kids on day X then he must give you the kids on day X. If he is refusing... View More
What state holds jurisdiction if I were wanting to modify the child custody arrangement?
answered on Jun 2, 2022
Depending on the county, you may be able to file a motion for contempt or motion for temporary relief. You should consult an attorney in your area.
Our son is secondary beneficiary. I heard I will get denied bc in Florida the divorce immediately deleted you as beneficiary. He wanted to keep this policy to ensure security for the kids if he passed.
answered on May 26, 2022
I am unaware of any statutory provision cancelling your right to be the beneficiary of his life insurance on account of your divorce. Go ahead and apply for the life insurance proceeds. If the insurance company is aware of such a provision, your son will of course get paid instead. If he is a... View More
Furthermore, if they do start a family and are not abusive but live in the house and are not involved (In-house absent parent) would they have partial custodial rights to the children if the family divorced. My husband and I have been together for 18 years. I love him and we have a 9-year-old... View More
answered on May 25, 2022
Yes, of course a convicted felon can start a family.
But after reading your post several times, it appears that you are married, thinking about divorce, and are considering forming a live-in relationship with another man (the convicted felon, presumably). No, it is very unlikely that the... View More
I couldn't log into this new software and was a few mins late. Once in, the judge said my attorney was gone and she'd send me something to schedule another hearing so she can get a status update. She then said I can leave (there was another guy there, don't know who he was or why... View More
answered on May 24, 2022
Normally at a hearing on a Motion to Withdraw there is little or no discussion about the case. You now represent yourself. You do not mention whether your spouse has an attorney. If there is no other attorney and you and your wife have agreed to the parenting plan and marital settlement agreement... View More
I was sick when my ex bullied me in to signing them. My ex wouldn't allow me the time to look at the papers before I signed them. I wasn't physically able to understand the papers at this time either, but my ex barked at me to just sign the papers. Other people knew about me being sick.... View More
answered on May 24, 2022
Based on your question you need to take the papers to a local family lawyer for more specific advice. You call it a divorce decree but it is not clear if anything has been submitted to the court yet. You say that you signed divorce papers. Does that mean a marital settlement agreement? Please take... View More
So I’m 16 years old and my parents are divorced with dual custody over me. I stay with my mom one week and same thing goes with my dad. I got hired at a place in my mom’s town, and since my dad lives 45 minutes away from there, I can imagine it’d cause some difficulties for him since I... View More
answered on May 20, 2022
I’m sorry to hear that you’ve been put in this position by the unfortunate circumstances of divorce. To answer your question, if you ask your dad permission to stay with your mom, he does have control over you as to where you will be staying during his court ordered time. If he says no, the... View More
next week). We had a mediation back in February where the mediator amended the Parental Plan and Marital Settlement Agreement but we ran out of time and didn’t get a chance to sign.
I’ve requested the amended documents from the mediator but he said he doesn’t keep them and that I... View More
answered on May 18, 2022
1. It is not humanly possible for me or any other Florida lawyer to tell you why your counsel of record does not respond during his pending motion to withdraw.
2. However, since you recently went through a divorce you must have noticed that your ex did not respond to you during the... View More
My husband and I were married in TX, where we lived together several years. We also lived together in Washington DC. My husband still lives in DC and I now live in FL.
In which State do I file for divorce?
answered on May 8, 2022
The law in Florida is that you can file for divorce here after being a continuous resident for six months. It sounds like your husband could probably fie in DC but he would need to check with a local lawyer there.
He still lives in Haiti and does not want the divorce because I’m the sole provider for us and our daughters and he doesn’t want to work.
answered on May 4, 2022
If you meet the residency requirements (lived in Florida for six months as your permanent home) then you can file for divorce in Florida. If the child is living in Florida then those issues will be addressed in Florida. If the child still lives in Haiti then Florida would not have jurisdiction to... View More
I started my divorce and was asked a down payment of 5000 usd, the money dissapeare very quickly and now I am on my own with imited resorces to continue. I was wonderig if I could have only one or two hour meetings for legal advice and then I do all the procedures and paper work but just to... View More
answered on May 3, 2022
Good morning.
You may find an attorney out there can may be able to assist you, but we do not take on issue piece meal like that. We would need to be retained for the case.
answered on Apr 27, 2022
Yes, you husband could have a marital interest in a home purchased prior to the marriage. How much depends on whether marital funds were used to make the mortgage payments, whether there were any improvements made on the home during the marriage which caused appreciation, and whether the value of... View More
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