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Florida Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a judge issue a default in divorce without me submitting a motion to default form?

Wife served me with nearly blank divorce papers and never responded to my counter petition or amended counter petition. Other than initially being served by the sheriff, she has failed to e-serve me properly with any other documentation nor has she amended any of her blank documents, other than the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 28, 2020

Motions for default are usually a waste of time. However, based on the procedural facts you presented, you can draft and file a motion to compel an answer to your counter-petition, and to compel production of documents requested, which your spouse must respond to or be sanctioned for not... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: If I buy a house in a co-ownership and the co-owners spouse divorces and demands 50-50 marital assets.

Does that affect the house in co-ownership?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2020

Yes. The spouse of your co-owner could be awarded some or all of the co-owner's (half) interest in the house.

1 Answer | Asked in Divorce for Florida on
Q: Question is about my prenup. I was a millionaire making 150K a month when I married my wife 10 yrs ago.

I required a prenup back then since I had most of the assets and a thriving business. Now, after my business failed 5 yrs ago, my income and retirement is only 142K a year. Her net worth is triple mine since I have been paying all the bills and living expenses, but did not have to. The prenup says... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 22, 2020

Yes, she can probably enforce it. But a divorce attorney had best look at it to be sure.

1 Answer | Asked in Divorce and Child Custody for Florida on
Q: What law does child alienation fall under? What is the criteria that has to be met to sue for child alienation?

My husband and I are going through a divorce. I haven’t spent time with our children in 130 days. He has primary residency, not full custody. We do not have a time sharing plan or a parenting plan established. He has restricted health visits so I do not show up to see our daughters. He has... Read more »

Mr Eric Klein
Mr Eric Klein answered on Jul 21, 2020

I believe you may want to start by filing a Motion for Temporary Timesharing, Child Support, Maintain the Status Quo and Other Related Relief. You can file a claim of Parental Alienation, but you may wish to do so within the Petition for Dissolution of Marriage. You may have to file a Motion to... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: How does one address a court mediator during mediation. Is "Sir" or "Ma'am" the most appropriate nomenclature?
Mr Eric Klein
Mr Eric Klein answered on Jul 20, 2020

You should introduce yourself to the mediator and simply ask "May I call you John or do you prefer Mr. Smith"? A mediator is not a judge. Good luck!

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What are the key components to writing the case statement of a divorce mediation summary?

I read on a mediation help website that I am expected to write a persuasive story regarding the marriage. Is this really how you go about the Case Statement portion of a Divorce Mediation Summary?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2020

Yes. You will soon be going in front of a stranger who is trained to spot important information needed to help resolve the issues. And so the more POSITIVE information you include about what YOU did during the marriage the better. Do NOT use the entire space ragging on your spouse; after all, you... Read more »

1 Answer | Asked in Divorce for Florida on
Q: What does "JOINT MOTION FOR WRITTEN EX PARTE FINAL HEARING AND WAIVER OF COURT APPEARANCE" mean in a divorce case in FL?

I am at the tail end of my divorce which has taken over two years for no good reason. All custody, child support and division of property agreements were signed in July 2019. Child support has been automatically deducted from my pay for over a year now. All I have been waiting on is a final... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 15, 2020

The title of the "joint motion" perhaps should be corrected to "Joint Motion for Final Hearing and Waiver of Court Appearance" (because the concept of a "written" hearing is nonsensical). But it appears to me a motion (writing directed to the judge asking for... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Can a non custodial parent claim visitation rights after 6 years of no visitation?

The father did not follow court order of letting my child visit me, the court order child to visit mother; he is now an adult and I had no contact at all. Can the father be held on contempt of court? I have not seen my child for 6 years.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 12, 2020

You should have brought this up with the court when it happened. It's quite possible that witnesses to what transpired have forgotten the details, so it is unlikely that contempt of court will be found.

1 Answer | Asked in Divorce for Florida on
Q: I need to know my rights after my husband left me

I was the original titled owner of a fifth wheel but under duress, I was forced to put it in his sisters name. Now I’m kicked out within a weeks time of my husband leaving me to go to KY. What are my rights?

B. Elaine Jones
B. Elaine Jones answered on Jul 12, 2020

You need to consult with and retain an attorney right away before assets are disposed of without your consent. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today and let us know you found us on JUSTIA. Good luck.

Sincerely,

B. Elaine Jones, Esq.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: On my FL public search of my case the Docket Events show Order Denying. What does this mean?

I recently served my ex-husband with papers requesting to move from Florida to Texas and he responded. Does Order denying mean I can't move? The Docket does not show the order so I can download it and review it and I have not received anything in the mail.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 8, 2020

Probably. Why not download the order and find out?

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How do I ask for custody of the children after I already responded to divorce papers?

I moved out of state and my wife filed for divorce with our three children in her custody. I counter petitioned because her papers were mostly blank and didn't feel comfortable responding in any other way. However I did not ask for custody of the children and now I want to fight for them. How... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 8, 2020

File a motion to amend your answer.

1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: Can a lawyer request 6 months worth of pay stubs less than 24hrs before a trial for divorce, child support, and custody?
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jul 7, 2020

Whose lawyer? Yours or the other side? Mandatory disclosure of financial documents is REQUIRED for both parties. The deadlines are within 30 days o the case starting. Therefore, it is very possible that these documents are overdue. Here's the form with the list of all documents required to be... Read more »

2 Answers | Asked in Divorce for Florida on
Q: Married in CA live in FL no contact w/husband for 4 yrs. How do I get a divorce?

I was in the Navy when I married him in 2004. Haven't seen him since 2007. Last email with him was on Feb 18th 2016. I have looked for him on social media, and even paid a site to get information about him. None of the numbers listed are in service and his email is no longer valid. I'm... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Jul 6, 2020

You may try and retain a PI to conduct a location search. It may also be possible for you to dissolve your marriage via service by publication. It would be wise to schedule a consult with one of us divorce attorneys in order to obtain more specific information.

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1 Answer | Asked in Divorce for Florida on
Q: Do I have any rights to a home that was in my name and signed over to husbands sister but title not transferred as she

lives out of state. We bought the home for the purpose of living in it when we got married but we used his money that he earned from a cancer benefit prior to marriage. He abandoned me in the Fifth wheel that was originally titled in my name only, which is located on his brothers property, and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 29, 2020

The home was "signed over" to your sister-in-law but the title was not transferred? What do you mean; it was or it wasn't?

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: I separated 1year ago while living in FL, she lives in PR with my daughter can I get divorced here in Florida?

We got married in PR 7 years ago, while I was there we took the paperwork to Pr court to get a divorce but when they call me back to be present I was working here in Fl and wasn't able to go back at that time, case was annulled. I resident here at Florida now for 1 year and want to filed the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 27, 2020

Yes, if the Puerto Rico divorce didn't result in a final judgment and was dismissed instead, you can file for divorce here in Florida. It may well be possible to do it without your wife being physically present.

1 Answer | Asked in Divorce for Florida on
Q: How do I find out what papers to final for final divorce hearing in Osceola County Florida

I am at the tail end of my divorce but cannot get soon to be ex's attorney to file for final hearing. Everything has been signed and agreed upon since July 2019 and we just need the final hearing for the judge to sign off on. My ex's attorney has been ducking my calls and won't... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 11, 2020

I don't know how they schedule hearings in Osceola County, but in most parts of NW Florida we simply call or send and e-mail to the judge's assistant requesting a hearing date. Be sure to copy the opposing counsel of course, and file a notice of hearing when you have been given the date.

1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: What age does the child get to choose who they want to live with (mother or father)????
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jun 10, 2020

The short answer is never. The long answer is that children are usually not considered mature enough to be able to make adult decisions. One of the factors for determining the timesharing is: The reasonable preference of the child, if the court deems the child to be of sufficient intelligence,... Read more »

1 Answer | Asked in Divorce for Florida on
Q: inherited my home from mom 2012. Divorce , can he take my home?

Our marriage has been rocky since 2015. Husband called it quits. We tried several more times to make it work but he has called it quits for good. I want a divorce. I am worried he make try to take my home. The home is in only my name. I am in Florida. Thank you

B. Elaine Jones
B. Elaine Jones answered on Jun 9, 2020

You need to consult with and retain a family law attorney to find out what your rights are. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today and let us know you found us on JUSTIA. Good luck.

Sincerely,

B. Elaine Jones, Esq.

1 Answer | Asked in Divorce and Gov & Administrative Law for Florida on
Q: With Covid19 in effect what are the legal guide lines for phone hearings? Why are they not recorded?

I had an exceptions hearing over the phone, opposing council was allowed to talk and I was not, I was the one that filed for exceptions. I don't understand how that is legal, and when I tried to get a copy of the hearing they said that they weren't recording them? When I asked the judge... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 7, 2020

Of your list of grievances, the only one that seems to be a possible infringement of your rights was the denial of your right to argue on your own behalf. That is a procedural due process right IN GENERAL for pro se litigants in hearings, with some exceptions. Relief for a trial court... Read more »

1 Answer | Asked in Divorce for Florida on
Q: What is the legal process for filing Exceptions to the magistrate in a divorce hearing?

The magistrate handed down the final judgement but missed a bunch of issues so I filed Exceptions to the ruling. I am a Pro se defendant so I called the courts to ask what to do, I was told write on a paper what you don't agree with, so I did that. I filed the exceptions and the courts said I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 7, 2020

It appears that, before spending $1,100 on a transcript, you should have invested a few hundred in a conversation with an attorney.

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