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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce, Real Estate Law and Elder Law for Florida on
Q: Can my husband take my homes from me that i purchased one prior to marriage one during marriage?

Can i sell home purcahsed during marriage if he is on deed but not on mortgage. can he take equity of the home prior to marriage not on deed or mortgage. but on deed on home purchased during marriage.

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 27, 2022

A spouse gains a property interest in real property (homes) during the marriage. This interest is independent of the deed (names on title) or the mortgage. A property can remain non-marital if there is a prenuptial agreement. Otherwise you will need the court's help to separate the marital and... View More

2 Answers | Asked in Divorce and Landlord - Tenant for Florida on
Q: I received a letter about an unlawful detainer but i'm not too sure what it means.

The letter states:

"I am writing to inform you that i am revoking my consent for you to live in, or use, the property at *Address*. Therefore on or before May 9 2022 or 15 days from the date of this notice, You are hereby notified to vacate the premises. Since there is no rental or... View More

Mr Eric Klein
Mr Eric Klein
answered on Apr 27, 2022

Think of an unlawful detainer as an eviction. An unlawful detainer action is brought against someone living on the premises where there is or was a relationship between the person who owns or rents the property and the person that they are in a relationship with. It could be a boyfriend/girlfriend,... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi, I had an attorney for my divorce for over a year so we've made quite a bit of progress. Here's where we are:

The Parental Plan and Marital Settlement were drafted and sent to my spouse's attorney, then we attended our mediation in Feb., 2022.

During this mediation, there were several changes made to the 2 documents, but we ran out of time and didn't get them signed. The main point of... View More

Michael Ferrin
Michael Ferrin
answered on Apr 26, 2022

First you must make sure that at least one of you have plead for partition which is what allows the court to sell the home at auction if you and your husband cannot agree on what to do with the home. Second, you need to have the home appraised by a reputable appraiser that has experience testifying... View More

2 Answers | Asked in Divorce for Florida on
Q: If I file for divorce in Florida, will that be made public the date that I filed

Will I be able to view it online

Michael Ferrin
Michael Ferrin
answered on Apr 20, 2022

In most counties, as soon as you file the case anyone can access the docket online which shows only the title of what was filed and not the actual document. But, there are some counties where you can access the records online almost immediately after they are filed. In addition, most courthouses... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: My ex husband has been doing weird things while the girls are visiting him. Latest thing is putting a gun to our daughte

My ex husband has been doing weird things while the girls are visiting him. Latest thing is putting a gun to our daughters leg while laughing after a disagreement they had over breakfast ( I have actual pictures of the gun to her leg). My daughter expressed she does not feel comfortable going... View More

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

Do you wish to deny visitation to protect your child's safety? If so, you must be able to present solid and sufficient proof that he is a danger to your children in order to legally take them away from him. Contact a local Family attorney to get the best help you need with your issue.

1 Answer | Asked in Divorce for Florida on
Q: The divorce process for Indian citizens and Florida residents married in India, staying separated for the past 5 years.

My name is Kumar, I am from India currently staying in Tampa Florida for the past 2 years.

I got married in India in 2014 based on the Hindu Marriage Act of India. My wife was abusive, violent, and disrespectful from day one of the marriage. I tried my best to save the marriage but... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 18, 2022

If you have lived in Florida for more than six months then you can get divorced here. It sounds, however, like your child still lives in India. If that is the case then the Florida court would not address any issues regarding the child. You can get a final judgment of divorce here but you would... View More

1 Answer | Asked in Divorce and Tax Law for Florida on
Q: Divorced 2020, quitclaimed. On mortgage until 2021. Received 1098 form. Can I still file this for taxes?

Divorced in 2020, quitclaimed house to wife. Moved out of home and into apartment. I make no mortgage payments per our marital agreement. She re-financed the home in her name in November 2021. I still received a 1098 form from original lender. Can I still file this for my taxes?

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

First you need to read your marital settlement agreement carefully regarding this issue. However, if the agreement is silent and you did not make the mortgage payments then you should not be claiming the interest paid. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: Im representing myself, how do I go about getting the opposing attorney and respondent to agree to mediation? If no one?
Rand Scott Lieber
Rand Scott Lieber
answered on Apr 4, 2022

In Florida you simply need to file a motion requesting mediation. In family law most courts require mediation so you may not receive any opposition. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: Is it legal for my ex husband to record our child co-parenting pick ups & drop offs without my knowledge or consent?

I am specifically talking about recording audio with his cellphone when we meet IN PERSON every time we pick up and drop off our child. We live in Florida and my ex husband has openly admitted that he records the shared custody pick up and drop off conversations without my knowledge or consent and... View More

Ira Markowitz
Ira Markowitz
answered on Apr 4, 2022

Do you use Talking parents or similar program where the conversations are monitored and recorded with prior consent by itself as a condition if you use it.

If not then each time you have a phone conversation both parties must consent unless specifically agreed to in the Parenting Agreement...
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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: My soon to be husband is trying to take full custody of the the kids I had told him I was gonna hurt myself out of spit

I will never do something like that to hurt my boys they are my world I had said it to hurt him he tried to have me backer acted but since I’m not suicidal they let me go in less than 20 hours he is putting the boys through too much and I can’t have him put them through more he had a 10 year... View More

Michael Ferrin
Michael Ferrin
answered on Apr 3, 2022

Being you made those comments, your mental health will most likely be called into question. Any issues raised by your husband can be dispelled with a mental health evaluation if needed. Understand also that if you do not have a history of mental health issues, when people are breaking up sometimes... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Need to ask ? About an alimony buy out.

I was divorced in 2005 and have been receiving alimony of 1300 dollars a month with no cost of living raises all those years, Im now 68 and retired and he's 57 and has done very well for himself, I would like to get a buy out so I don't have to worry every month if he's going to be... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 30, 2022

First of all you would need to make sure that your former spouse would agree to a buyout. Unless this was addressed in your marital settlement agreement you do not have a legal right to pursue it without the other side's agreement. You also need to recognize that your former spouse will have a... View More

1 Answer | Asked in Child Support and Divorce for Florida on
Q: What constitutes a legally separation in fl and when does the majority parent get child support?

Husband is gone Monday thru Friday he comes home Friday afternoon around 5 pm and leaves around 3am Monday morning. He wants to stay in the house because he said we can’t afford two separate places. If I leave on the weekends will this hurt me getting custody of the kids every other weekend? Also... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 29, 2022

There is no "legal separation" in Florida. If you are considering an agreement like the one you have described you should at a minimum get it in writing. If the two of you continue to live in the same house without a formal divorce then it is unlikely that child support would be awarded.... View More

2 Answers | Asked in Divorce for Florida on
Q: In the state of fl does a married couple with kids have to be legally separated a length of time before divorcing
Lynette Silon-Laguna
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answered on Mar 29, 2022

Hello! In Florida there is no required length of time a married couple has to be separated before divorcing. You can file your petition for dissolution of marriage even if you are still living together. Wishing you the best!

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1 Answer | Asked in Divorce for Florida on
Q: I got married young and divorced quickly after. I regret it. Can I get marriage licen. without putting I was married ?

before?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 28, 2022

No. A marriage license application requires you to swear under oath the circumstances of any previous marriage. So, you would be guilty of perjury should you falsely submit an application reciting that you have not been previously married.

1 Answer | Asked in Divorce for Florida on
Q: I do not know where my spouse is and need to file for divorce.

My spouse is an alcoholic, suffers from a hereditary neurological condition....from diagnosis to grave about 5 yrs...she was diagnosed about 3 yrs ago.

She was both physically & financially abusive toward me and I am currently in fear for my safety.

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

You can file for divorce by publication when you cannot locate your spouse. Speak to a local family lawyer for more specific advice.

2 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: What kind of attorney can help me in a post divorce real estate settlement to ensure I get my fair share of the equity?

My ex-wife and I still live in our house. I want to sell the house. She wants to stay but says she won’t buy the house from me at a fair price and she doesn’t want to sell. The deed is in both names but the mortgage is in my name only. The home value is a lot more than what is owed and I feel... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 28, 2022

Depending on what you divorce specifically says as it relates to the home and division of the home, there are likely options. Unless your divorce says otherwise or addresses issues, then you and your ex-wife need to reach agreement. You and your wife need to reach agreement and understanding,... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi, I'd like to confirm something before taking further action: If my spouse and I are in front of a judge because we

...can't agree on the value of our jointly-owned home (the goal is to calculate the current equity, split that in half and he'll buy me out and stay in the home), will a judge lean more toward a Realtor analysis value or an Appraiser value? Also, in what instances would a judge require a... View More

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

First, every judge is different. Generally speaking, a realtor may have more sway if they are active in the specific market where the house is located. Even if the judge orders the house to be sold, one of the parties can have a right of first refusal. This means that when a willing buyer makes an... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Wife filed for divorce/ Now she has petitioned to travel out of state with my child how do I respond

I received her petition from her attorney today/I do not want to allow her to take him out of State

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 17, 2022

If the Petition for relocation is filed in Florida then there are specific instructions on filing an objection within the petition. Make sure that you file your objection with the court within the time limit stated in the petition. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My wife has filed for divorce, She wants to take my son to South Dakota I have said no Does she have to petition court

The friends they will be staying with is An alcoholic and Partakes in illegal drugs this and I do not know sleeping arrangements are basis for me saying no

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 16, 2022

This answer is based on Florida law. In Florida, if the divorce is filed then a parent must include a request for relocation. A party cannot just file for divorce and move to another state. Look for a consultation with a local family lawyer for more specific advice.

2 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: What do I do when the Brevard county clerks office shows I owe, but child support enforcement says I am paid in full?
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 11, 2022

Get something in writing from child support enforcement and file it with the court. It is possible that you will have to request a hearing to resolve the discrepancy.

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