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Florida Divorce Questions & Answers
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... Read 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.... Read 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
Lynette Silon-Laguna 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... Read 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,... Read 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... Read 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... Read 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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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.

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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... Read 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... Read more »

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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.

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1 Answer | 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.

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Feb 27, 2022

Divorce final judgments from different states or countries are termed "foreign" judgements under Florida law. To have Florida recognize and ultimately enforce a foreign divorce judgment, you must first petition the court to "domesticate" the Final Judgment.

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... Read 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.

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1 Answer | 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.

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... Read 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

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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... Read 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...
Read more »

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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... Read 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... Read 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... Read more »

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