Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Divorce Questions & Answers
2 Answers | Asked in Divorce for Florida on
Q: In our divorce agreement, we agreed when our house sold, I would receive 40% because he was still living in it and

paying the mortgage. It has been 10 years now, the home has been paid off years ago. He's not ready to sell, but I am ready for him to buy me out of my 40%. We did not have a time line in our agreement.

Do I have any legal rights to have him pay me my 40% at this time?

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 8, 2022

You need to read your settlement agreement carefully but based on what you have written, if there is no deadline in the agreement then you have to wait. Look for a consultation with a local family lawyer who can read your agreement and give you more specific advice.

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Florida states that Adultery is a crime within the state of Florida but yet Florida will not up hold that law why ?

My Husband has moved his girlfriend and 2 kids in with him, and has put me on the streets homeless . He is supporting her and the 2 kids while I am left without a home or any means of providing for myself. Adultery is a crime in Florida why is this law not being enforced ?

Michael Ferrin
Michael Ferrin
answered on Mar 5, 2022

It is a crime that prosecutors choose not to prosecute. Bit you do have a way to get help and that is to file your divorce. When you file the divorce you can address property division, child custody, child support, and alimony which should all help in this situation. I would recommend contacting an... View More

2 Answers | Asked in Civil Litigation, Family Law, Identity Theft and Divorce for Florida on
Q: Family law

How to get divorce from abusing , controlling husband and stay in my own house with my children .

Michael Ferrin
Michael Ferrin
answered on Mar 5, 2022

If you are a victim of domestic violence you can seek an injunction for protection against domestic violence. In order to file the case, you would first get your evidence together (photos of injuries, videos of fights, etc) and then go to the clerks office in the county where you reside. There the... View More

View More Answers

2 Answers | Asked in Divorce for Florida on
Q: Hello my boyfriend is in jail. He wants to get divorced. (Not me) do you handle that? If so how much?
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 3, 2022

Being in jail or prison does not prevent you from getting divorced. Look for a consultation with a local family lawyer in the Tampa area who can explain more specifically.

View More Answers

2 Answers | Asked in Divorce for Florida on
Q: How does a judge decide who gets the house when you get a divorce?

My husband and I bought a house together a few years ago. I have my 2 kids from my first marriage, they live with me full time. He has his kid from his 2nd marriage which is here part time. He keeps telling me to leave because I dont like how he treats my kids. Yet he wont divorce me. If we get a... View More

Mr Eric Klein
Mr Eric Klein
answered on Feb 24, 2022

The judge would simply order the house sold and have the realized funds distributed equitably. Good luck.

View More Answers

2 Answers | Asked in Divorce for Florida on
Q: Do i have to domesticate my foreign divorce in florida?

I'm a us citizen and my wife a 10 years green holder. We got maried in Morocco and dicorced in Morocco after 5 years of marriage with no kids and no assets. My question is does florida recongnise this divorce(final divorce no apeal) and we were both present at court during the divorce process.

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 23, 2022

Yes, the US will recognize a foreign divorce decree. Unless you still share minor children together there is probably no reason to "domesticate the final judgment," meaning to file it with a US court.

View More Answers

2 Answers | Asked in Child Support and Divorce for Florida on
Q: Help with divorce Mediation?

Florida

Friday my wife text me saying be ready for mediation on Tue. I was confused, checked email.

She sent me her paper work and the court sent me a mediation letter. I was supposed to make the payment, fill out a questionnaire and notorized financial affidavit 10 days prior to... View More

Justin Gary Hausler
Justin Gary Hausler
answered on Feb 21, 2022

Do you know in which county the case is filed? Do you have a case number or any pleadings? Get a consultation ASAP

View More Answers

3 Answers | Asked in Divorce and Family Law for Florida on
Q: Is my marriage legal if I never turned in license?

I have a question about whether my marriage is legal if I did not submit my marriage license? Me and my then partner got married in 2019 but we did not submit the license. And we are no longer together. I would like to know if that marriage is legalized and whether or not it could affect me if I... View More

Ira Markowitz
Ira Markowitz
answered on Feb 18, 2022

Check with your local county clerk where your ceremony took place and where the license was issued.Check if the license document was signed by the parties and notary and turned in.

There are many seniors that have a religious ceremony and receive a beautiful religious certificate, e.g., in...
View More

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: Divorce financial settlement question

Divorced in 1984 in New York state. Part of the settlement included my ex-wife buying out my portion of the marital residence for $30,000. Initial payment of $20,000 was made at that time. The balance, six (6) payments and a final payment at the sale of the home remain UNPAID. My ex-wife, since... View More

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

First, if your divorce is from New York then New York law would apply. Step one is to read your settlement agreement carefully. Then speak to a NY lawyer who can see if a "statute of limitations" (a time limit) applies or not.

2 Answers | Asked in Divorce for Florida on
Q: Hi, my spouse will not agree to anything other than an Appraisal to value our marital home and we WILL end up in front

of a judge if I don't agree to it. He and I are near the end of our divorce process with just this one last item to negotiate. We have a mortgage is in his name only and the deed in both of our names. We agreed to sell the home until just before our separation, then split the equity. Now he... View More

Michael Ferrin
Michael Ferrin
answered on Feb 17, 2022

The Court will either sell the home or may consider the refinance. You would need to have an expert such as a very experienced realtor to come in and testify as to how they came up with the numbers and why their numbers are more accurate. The court will also need to consider the cost of the... View More

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: In the state of Florida is a wife entitled to a home that was gifted to husband , as a result of a divorce
Rand Scott Lieber
Rand Scott Lieber
answered on Feb 15, 2022

There are many factors to be considered regarding real property (a house) in a divorce. Did you live in the gifted house together? Did you pay as a couple towards the mortgage or maintenance for the gifted house? Was the gifted house never part of the marriage, meaning that you never lived in it,... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi, My spouse and I are near the end of our divorce process with just one last item to negotiate. We have a marital

home where the mortgage is in his name only and the deed in both of our names. We agreed to sell the home until just before our separation, then split the equity. Now he wants to stay in the home and buy me out.

The problem: He'd like to use the appraisal value, but I'd like... View More

Mr Eric Klein
Mr Eric Klein
answered on Feb 15, 2022

Although you’re asking what the judge would use to make a ruling, strategically, you should come up with an agreement between you and your spouse. I agree with you, that appraisals are not keeping up with the market. Further, a BPO, although somewhat accurate, cannot accurately make a judgment of... View More

1 Answer | Asked in Divorce for Florida on
Q: Will be filing for divorce married 8 yrs in south florida. my husband has a pending law suit, will i be entitled to 1/2?

and does it make a difference for me to be entitled to the settlement if I file for divorce vs him filing?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 14, 2022

Second question first, in Florida it does not matter whether you are the Petitioner (filed first) or the Respondent. Your rights are the same in the divorce. The first question has more variables. It depends what kind of lawsuit it is. What state it occurred in. And possibly what state you are... View More

1 Answer | Asked in Divorce for Florida on
Q: Married 8 yrs living in S Florida would my husband be entitled to my 401K/savings?
Mr Eric Klein
Mr Eric Klein
answered on Feb 14, 2022

To answer your question directly, yes. But only to that part that accumulated during the marriage. Take a look at the balance of the account on the date of your marriage and the balance today. Subtract the two. If you were to file for divorce today, he would be entitled to 1/2 of the appreciated... View More

3 Answers | Asked in Divorce for Florida on
Q: married 8 yrs Need to get a divorce due to irreconcilable differences, cruelty and verbal and mental abuse

Would the cards be stacked against me if I left our home which we rent prior to serving him with divorce papers? we have no children together and own no properties or joint accounts.

Mr Eric Klein
Mr Eric Klein
answered on Feb 14, 2022

As Florida is a no-fault divorce state, there would be no penalty if you were to move out of the marital residence. Abandonment is no longer a recognized consequence of vacating the marital residence. Good luck!

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: I’m married to a narcissistic, bipolar man who has emotionally broken me down. How can I get full custody of our 4 yo

I’m afraid of leaving/divorcing because there’s no way I trust him to have custody of our child. I know what he’s like with his own 2 and I’m looking out for my child’s best interest. There are is no legal involvement at all

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 10, 2022

Unfortunately, with the exception of the possibility that your abusive spouse either has an epiphany or goes to prison or you divorce him, there is no lawful way for you to "get full custody" of his child.

1 Answer | Asked in Divorce for Florida on
Q: My ex-husband is refusing to get his belongings and I need to get rid of it.

We have been separated for over a year and officially divorced for roughly 3 months. I have since removed him from the lease and have given multiple chances for him to remove his stuff from my household but he is making no efforts. Am I legally allowed to sell his stuff at this point or do I still... View More

Michael Ferrin
Michael Ferrin
answered on Feb 9, 2022

You would need to refer to your final judgment or your marital settlement agreement to see if there is language in there that would address this issue. If there is nothing in either of those documents it is up to the two of you to work this out. In my personal opinion, giving his stuff to his... View More

2 Answers | Asked in Bankruptcy, Divorce, Real Estate Law and Tax Law for Florida on
Q: Can a house be sold at auction while it's currently in bankruptcy?

I'm currently going through a divorce and my husband never paid the taxes and put the house in his brother's name. I'm living in the house and paying the delinquent taxes of but taxes are due again and I can't pay them.

Timothy Denison
Timothy Denison
answered on Feb 5, 2022

Not unless the court has given permission for the sale.

View More Answers

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: My husband was removed from home for domestic violence, when we divorce can i get full custody with him visitation?

I want to know if i can get full custody with supervised visitation since he’s unpredictable and I don’t trust he wont lose it on our son.

Michael Ferrin
Michael Ferrin
answered on Feb 3, 2022

In the over 14 years that I have been practicing family law I have seen many cases involving domestic violence. Generally, the Court rarely orders supervised timesharing even in cases involving domestic violence. When determining timesharing when domestic violence is involved, the court will... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I contact the judge without a lawyer?

After divorce the lawyer resigned as my lawyer but I need to ask for the judge to assign someone to sign the QDRO on behalf of my fleeing ex. How do I contact the judge? Is it even appropriate?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 1, 2022

When you represent yourself you have the same access to the court/ judge as a lawyer does. You really need to discuss this with a local family lawyer for specific advice on what you need to do. Look for someone with a free consultation.

View More Answers

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.