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Florida Divorce Questions & Answers
4 Answers | Asked in Consumer Law, Small Claims, Bankruptcy and Divorce for Florida on
Q: My ex-husband is demanding I pay for a loan he got and I am not even on the loan.

My ex-husband cosigned a loan (sallie mae) for our daughter (who is a student and has mental health issues ). She is 23, is still studying (changed programs and college) and now they are getting billed $48,000 and he wants me to pay for it in its entirety since I was awarded our stocks as part of... View More

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

This answer is based on the law in Florida. You have no legal obligation to pay the loan. What you are describing is a moral dilemma because you are a parent that cares about your child.

Good luck.

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Spouse fled the country to Ukraine before signing the QDRO. How do I proceed?

My lawyer has been trying to contact Kiev to get some help enforcing the divorce deal, but Kiev is asking for his passport and other documentation wich I do not have. Is there anyway to get the QDRO processed without him and his signatures? And what happens to his portion of the pension?

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

I am assuming that the pension is held here in the US. With the proper motion you can ask the judge to appoint a special master to sign on the former husband's behalf.

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2 Answers | Asked in Child Support and Divorce for Florida on
Q: Divorce is finalized, time to do the QDRO but the spouse fled the country and there is no contact to him. What now?

Spouse left the country a year ago. The divorce has been finalized December 2021. The agreement was that the spouse pays child support and everything gets split in half. After the house was sold at the beginning of 2021, he fled the country as soon as he got his portion of the house. How can the... View More

Michael Ferrin
Michael Ferrin
answered on Feb 1, 2022

If you already have a Qualified Domestic Relations Order serve a certified copy of the order to the retirement account provider and they will portion off the funds pursuant to the order. If that doesn't work you can file a motion with the court to try and freeze any other assets your former... View More

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1 Answer | Asked in Divorce for Florida on
Q: Can I reopen my divorce if it was done under fraud and direst?

My ex lied and cheated to get me to change my divorce papers. Please help

Michael Ferrin
Michael Ferrin
answered on Feb 1, 2022

You can request to set aside the final judgment of divorce for fraud so long as you make the request within one year of the entry of the order. As you can imagine, setting aside orders are difficult and you should contact an attorney to assist you. If you want more information regarding setting... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: In family court, Pasco FL, would it be realistic for a judge to grant temporary custody and pull a child out of school?

Family friend, with a kindergarten age daughter whose ex was granted temporary custody over his daughter for three months. This would require her to move to Illinois and be removed from school for the duration of this time. I do not know my friend that well, but it does not seem realistic to me,... View More

Michael Ferrin
Michael Ferrin
answered on Feb 1, 2022

Given the right facts the Court could enter an order like what you have described assuming the court has jurisdiction over the parties and the child, and the Court finds that its order is necessary for the best interest of the children.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: my dad purchased property with money from his workman’s comp injury. Is his wife’s entitled? Her name is on it by FL law

They’ve been separated 15 years and he is filing for divorce. Her name was only on it due to it being the lane in Florida that your spouse be on the deed. Due to it being purchased with money from his injury is she entitled to half? I’m his power of attorney

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

You will need to come forward with evidence in the divorce that the settlement and home purchase were "non-marital." You are correct that there is a presumption that real property purchased during a marriage is marital (joint). The 15 year separation will also be helpful. Speak with a... View More

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2 Answers | Asked in Divorce for Florida on
Q: I signed a marital settlement agreement and asked for nothing, could a judge still give alimony when we go to court?
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 31, 2022

You do not mention whether the marital settlement agreement had a waiver of alimony. If it did then you need to move to set it aside. You should look for a consultation with a local family lawyer for more specific advice.

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1 Answer | Asked in Divorce for Florida on
Q: Am I able to change my mind and ask for alimony during Floridas 20 day waiting period?

My husband and I have filed our divorce papers and are in the 20 day waiting period. We agreed to everything and neither asked for alimony. Am I able to change my mind and ask for alimony if the forms are already filed?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 31, 2022

That depends on what you have signed. In general, you can file a motion to amend your pleading (petition or answer). If you signed a marital settlement agreement waiving your right to alimony then

1 Answer | Asked in Divorce for Florida on
Q: I have no money my spouse just got lump sum and bought a 50 foot boat. I need pro bono lawyer

The money he received and continues to get is from VA. Is the boat marital property? Can he put it in his girlfriend's name?

Michael Ferrin
Michael Ferrin
answered on Jan 31, 2022

Good afternoon.

I will need more information to answer your question. Are you currently still married, what was the lump sum payment for? When did he receive it. I would highly recommend scheduling an appointment with an attorney to discuss your options as many attorneys offer free...
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3 Answers | Asked in Divorce for Florida on
Q: Does your office help with alimony in divorce case
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 31, 2022

All family lawyers in Florida deal with alimony issues. Look for a free consultation in your local area.

Good luck!

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi, my attorney just filed a motion to withdraw due to the concerns I expressed about

how they've been handling the case. This has happened less than 1 week before scheduled mediation and 1 week before discovery documents from opposing counsel are due (I'm gathering these documents now). While I attempt to hire another attorney, should I file anything with the court to... View More

Michael Ferrin
Michael Ferrin
answered on Jan 29, 2022

If you are not comfortable going to mediation on your own, you can try and file an expedited motion to continue mediation and try and get it set for hearing immediately. Make sure that once you file the motion you contact the judicial assistant for the judge and make sure to follow their procedures... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: After the financial affidavit is completed and my spouse asks for further discovery or accuses me of not being

honest, is it in my best interest, at that point, to ask for alimony and child support? Obviously you don't know what his motivation is but I'm trying consider what his angle could be. Background: Before filing, we agreed on no alimony, no child support, no splitting of assets nor... View More

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

Whenever you file your initial pleading you should ask for everything that you may be entitled to. You can always reduce your demands but it is more difficult once you are in court to raise your demands (for example, trying to add an alimony demand later). Legally, neither one of you can waive... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi, if husband and wife agree on no alimony, no child support, no splitting of assets nor liabilities (with the

exception of the house), and 50/50 custody of 2 kids, would a financial affidavit still need to be completed in Floriday?

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

Any divorce that involves children requires a financial affidavit in Florida. No exceptions.

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2 Answers | Asked in Divorce for Florida on
Q: Can my husband just divorce me and not leave me a penny as he says?
Pamela J. Fero
Pamela J. Fero
answered on Jan 25, 2022

You have the right to seek alimony. The judge will evaluate whether you have a legitimate need for alimony and whether your husband is able to pay it. Alimony might be awarded indefinitely or for a set length of time by the judge.

If the judge decides to award you alimony, the judge will...
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2 Answers | Asked in Divorce and Family Law for Florida on
Q: He is taking job out of state, how will it affect my case if I file for divorce? The children and I will not be moving.

He is the sole income provider (82k). I am a full time student paying cash for my education.

We have been married 11 years with 2 shared children age 8 and 12. We have never owned a home. His car is valued around $3k, mine is valued much less (it is 30 years old). No other assets. Combined... View More

Pamela J. Fero
Pamela J. Fero
answered on Jan 25, 2022

Even if your husband will soon move out of state, you can apply for divorce if you have both lived in Florida for at least 6 months. If you and your children do not wish to move with him, you must demonstrate that they are better off staying with you and that the move is unnecessary.

Keep...
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1 Answer | Asked in Child Support and Divorce for Florida on
Q: I want to divorce my wife of 20yrs and I have 2 kids 16 and 12. We are having problems with our intimate relations.
Pamela J. Fero
Pamela J. Fero
answered on Jan 25, 2022

First, find a lawyer who will represent you from the start and walk you through the process.

Florida is a “no fault” divorce state, which means that spouses only need to tell a court that the marriage is “irretrievably broken” in order to get a divorce. You can file a petition...
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1 Answer | Asked in Divorce and Child Support for Florida on
Q: In the signed divorce my ex spouse accepted all proceeds from the sale of the home instead of child support

Can she come after for support now that she has decrease her income?

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

Legally child support can be modified until the child turns 18. However, you should receive a credit for the exact dollar figure of your share of any proceeds that went to your ex. Speak to a local family law attorney for more specific advice.

2 Answers | Asked in Divorce for Florida on
Q: Can I ask the court to amend the divorce decree to show her having responsibility of paying for the mortgage?

There was no prior stipulation stating who was responsible. She pays the mortgage and she lives there with my minor son. I’m trying to purchase another home for myself, but cannot because the lenders think I’m paying the mortgage

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2022

No. You agreed to be responsible for paying the mortgage note. The court cannot amend that contract because the lender is not a party to the divorce.

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1 Answer | Asked in Divorce for Florida on
Q: Married and the house we live in was n his name then changed it to his trust . In the divorce do I get any of the sale

He is planning to sell and leave me without nothing, can he do this since it’s in the trust name after the marriage?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 10, 2022

Generally speaking you accrue a marital interest in the home during the intact marriage. He may be entitled to a non-marital portion depending on the specific facts, like whether he owned the house before you married. You would also need to carefully review the trust documents which you say were... View More

1 Answer | Asked in Divorce for Florida on
Q: Can she use it against me AFTER a divorce?

Hello, I have been divorced with my ex-wife for 5 years, but I am still paying her phone bill. Her line is on my account. We don’t have kids. I don’t pay alimony or anything else just her phone. Can she use that against me in the future? Although we are divorced does that connect us in any... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 8, 2022

No, the fact that you are paying her phone bill doesn't somehow make you still married, it that's what you are asking. Your divorce decree should specify your mutual financial obligations.

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