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Florida Divorce Questions & Answers
1 Answer | Asked in Family Law and Divorce for Florida on
Q: How can I get my personal belongings back from my husband?

My husband and I agreed to separate. We are still married. I took what few personal belongings I could, and he agreed that I could come back for the rest of my belongings when I was able to get a moving truck. This was supposed to be immediate, but every time I was able to come get it, he'd... Read more »

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

It sounds like you need to go to court. You say that the two of you have agreed to divorce. You are going to need to file a divorce with the court. At that point you can ask the court for help with getting your personal items returned. Your other non-court option would be to contact the police and... Read more »

1 Answer | Asked in Divorce, Contracts and Family Law for Florida on
Q: Statute of limitations on a car that was never repossessed. Ex husband was ordered in divorce to payoff and sign to me

Recently found out he stopped paying on it several years ago and that repo was looking for it then. My question is what shall I do about this situation. I did contact finance company when I found out and the person was not very informative but casually said someone will come get it next week. That... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2022

You have raised two separate legal issues. Regarding the divorce agreement, you can return to family court and pursue your ex for the value of the car that was never paid off. Regarding the repo, that is an issue between the finance company and whoever's name is on the finance documents. If... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: If life insurance was a part of your divorce and your ex souse dies can a fiduciary change the beneficiary?

No modifications of the divorce what so ever were ever put through to the court.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2022

Life insurance is a contract with the life insurance company. From the divorce case you need to read your final order or agreement carefully to see what the requirements were. If the spouse has already passed away then the life insurance company will do whatever the contract said. Beneficiaries... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Husband and wife both agree to a divorce both have agreed to a parenting plan so why would the judge keep continuing

The case? The judge keeps bringing up restraining orders from years ago that have been handled and is not the situation anymore is there a way to request a different judge?

V Julia Luyster
V Julia Luyster
answered on Oct 4, 2022

You may not ask for a different judge. If you have a Consent Final Judgment prepared the judge may be looking at the history of any domestic violence as a factor to determine if the Parenting Plan is in the best interest of the children before the Judge signs off on it.

1 Answer | Asked in Divorce for Florida on
Q: What does - MOTION / WAIVER REQUESTING EX PARTE FINAL HEARING,. WITH FINAL HEARING SWORN TESTIMONY means?

I am in the last part of my divorce (no children or property, yet taking more than a year), and saw this entered in the public record, what does it means? Does it means I am waiting for the judge to schedule the final hearing?

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 4, 2022

This means that the judge can enter your final judgment without a hearing. If everything is settled then this is how your case will end.

1 Answer | Asked in Divorce for Florida on
Q: Am I still entitled to half of our home in the divorce?

01/2001 - Husband completed construction on new home & moved in.

2/11/01 - We began living together in his home and combining incomes into one account, paying all bills together,

12/12/03 - Got engaged

3/8/05 - Husband was injured in an accident at work & became... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 26, 2022

If you have lived together in the home and supported the home financially for the past eight years then you have a marital interest in the home. Whether your interest is half is a more complex question. He may have an argument that his settlement was a non-marital asset that should be returned to... Read more »

1 Answer | Asked in Divorce for Florida on
Q: How can I get my spouse to move out of rented home? He refuses to leave even if I file for divorce.

Both of us are on the lease, and he could not afford it without my income. I want to file for divorce, but it seems pointless if he refuses to leave. He has not contributed financially for at least 7 years. I'm willing to work with him on things like health insurance, temp alimony, etc, but I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 25, 2022

When you file for divorce, one of the things you should ask for would be that he be ordered to move out.

1 Answer | Asked in Divorce for Florida on
Q: Getting divorce in Fl Husband had a 401k plan. before getting married stopped Contributing to the 401(k) change

Does wife have claim of any of this money. When married I had already stop contributing to it

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 24, 2022

If spouse 1 made no contributions during the marriage then they can argue that it is a non-marital asset. Spouse 2 would need to prove that spouse 1 somehow used it or commingled it during the marriage in order to make it part of the marital estate. For example, if spouse 1 took a loan against it... Read more »

2 Answers | Asked in Divorce for Florida on
Q: Does FLorida have common law marriages

I want to leave my boyfriend and want to take the property that was mine with me.

Michael Ferrin
Michael Ferrin
answered on Sep 22, 2022

Florida does not recognize common law marriage

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2 Answers | Asked in Child Support, Social Security, Divorce and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Sep 19, 2022

File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.

Talk to your attorney to know how best to proceed.

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1 Answer | Asked in Divorce for Florida on
Q: Separated under duress’ A year later - files for divorce in nyc. I moved to Florida. I have no money , I need help -

There is undisclosed $$ accounts and rental property income .

Michael Ferrin
Michael Ferrin
answered on Sep 16, 2022

If you and your husband lived in NYC when you were married it may be appropriate for him to file the case in NYC but more information is needed in order to provide you an appropriate response. Given that he has filed a case in NYC it would be prudent to contact an attorney in NYC to assist you with... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My wife and I are getting divorced. My truck is in her name and her vehicle is in mine. Can I take mine back?

This is in Florida. Both vehicles are solely in the other spouses name. I am trying to take the one in my name and give her the one in her name until we get divorced and can figure it out in court. She is objecting but the divorce has not been filed yet. Both vehicles are being financed

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

You do not mention if the other party is objecting. Generally when a divorce is file the expectation is that both parties will maintain the status quo, financial and otherwise. You should continue to use the vehicle that you have traditionally used. If that requires a change then you must either... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: My husband and I bought a house in October 2021. He used $ from his 401k; Does that mean the house is his?

We moved from IL. I worked at a school, received unemployment which paid off all credit cards, his car, moving box, loan, his air b&b (he moved down in August/family in Nov) I am now contemplating divorce. Been married 7 years.

Michael Ferrin
Michael Ferrin
answered on Sep 7, 2022

The general rule is that everything that you acquire during the marriage, both debts and assets, are considered marital. The home, being it was purchased during the marriage would most likely be marital but we would have to do a complete assessment of your case to say for sure.

1 Answer | Asked in Divorce for Florida on
Q: My husband recently abandoned me and our daughter and took our son 1200 miles away and left us with nothing.

How do I apply for spousal maintenance until I am able to afford the bills he left me with him bring sole provider in our household

Michael Ferrin
Michael Ferrin
answered on Sep 5, 2022

You can either file for divorce (recommended) or file a petition for support unconnected with divorce. The divorce would handle all the issues pertaining to your marriage including the custody of the children, division of assets and debts, as well as both alimony and child support. The petition for... Read more »

1 Answer | Asked in Divorce for Florida on
Q: My husband has the land we have in only his name. I’m I going to be able to get half of since purchasing it last year

He is a co-owner of the property that we bought.

Michael Ferrin
Michael Ferrin
answered on Sep 5, 2022

We would recommend you meet with an attorney as more information is needed to answer your question. Generally speaking, any assets or debts acquired during the marriage are considered marital regardless of whether the title is held jointly or individually. But there are certain exceptions.

1 Answer | Asked in Divorce and Child Support for Florida on
Q: I want to know what my husband after 16 years supporting me & would not allow me to work can & can't do

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... Read more »

Michael Ferrin
Michael Ferrin
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... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My wife moved our two daughters without my consent to Maryland from Florida. What is my right?

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?

Mr Eric Klein
Mr Eric Klein
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!

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Divorce my spouse moved out of state with kids without my consent

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... Read more »

Michael Ferrin
Michael Ferrin
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.

3 Answers | Asked in Divorce for Florida on
Q: Do we need to live separately before filing for divorce in Florida
V Julia Luyster
V Julia Luyster
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... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: How much does a divorce cost, including division of a home that is paid for? Does any lawyers accept payment plans?
Michael Ferrin
Michael Ferrin
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... Read more »

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