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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Domestic Violence for Florida on
Q: Abusive marriage

I'm stuck in an abusive marriage. I am trying to get away but have had trouble finding a lawyer to assist me and the children. He controls our money and finances (removed me from our joint accounts so I have no access) and does not give me access to any money. Now he's taking away my cell... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 31, 2021

You obviously used something, whether it was a phone or a PC to ask this question. Use that same device to contact your doctors and other people who might assist you. You need to file in court for divorce and, at that same time ask for a temporary order requiring your husband to pay, while the... View More

2 Answers | Asked in Divorce and Child Custody for Florida on
Q: If you get a paternity test done for someone in a different state, does it go by your state laws or theirs?

The father of my daughter lives in a different state (South Carolina) while I live in Florida. If I need to prove paternity, will the case be by Flordia Law or South Carolina Law?

Mr Eric Klein
Mr Eric Klein
answered on Dec 16, 2021

You've raised a complex jurisdictional issue. Although you and the child reside in Florida, if Dad files a paternity case in SC before you file a case in Florida, SC law will prevail; but only as it relates to establish paternity. SC does not have the authority to order child support or... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How do I legally disprove paternity in my divorce case?

My ex and I were separated, living in different states when I got pregnant with my daughter. He doesn't want to be her legal father and I don't want him to be either. Her biological father didn't want to be involved in her life and he's had no contact with her most of her (2 years) life.

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 14, 2021

OK so there is a presumption that any child born during the marriage would be the child of the man that you were married to. To disprove that, you would bring a paternity action against the biological father and the DNA test would most likely as you suggest, conclude that he is the father. Once... View More

1 Answer | Asked in Divorce for Florida on
Q: I asked my husband for a divorce a few months ago, the house is a living hell for everyone.

Since asking for a divorce I have refinanced the house under only me, my soon to be ex will not leave until he gets money from my refinancing. He says he needs to stay here until he can get approved for a house loan, he refuses to go to relatives house, or rent. He is an alcoholic and verbally... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 10, 2021

You need to file for divorce in order to receive the protection/ enforcement power of the court. In the filing you can ask for exclusive use of the house while the divorce is pending. Assuming that the house was marital then he will be entitled to half of the equity as a starting point. Look for a... View More

2 Answers | Asked in Divorce for Florida on
Q: My fiance is incarcerated ,she needs to file for divorce.if she gives me full power of attorney can

Can I file forms for her at clerks office

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 9, 2021

A power of attorney appoints an attorney IN FACT not an attorney in law. So no, unless you are licensed to practice law, you cannot file documents with the clerk of court in her behalf. And practicing law without a license, and that is what you would be trying to do, is a crime.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: What’s the better to be on a title or not if we might will divorce?

My husband and I live in Florida. He has a house in Michigan and it is going to be on his name in a couple weeks. Is this better if my name is on the title or better to be off. We have a daughter. What would be the best if we maybe in the future will divorce

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 7, 2021

Your question is more complex than you think. Your husband (or the two of you) should discuss what you want to happen with the house in the future. It sounds like you are describing an inheritance. At this point in time (before it is in his name) it sounds like a non-marital asset, meaning that... View More

1 Answer | Asked in Bankruptcy, Contracts, Divorce and Family Law for Florida on
Q: We live in Florida but we're married in Las Vegas, Nevada.. should we sign a CMA in Florida and where would we file it?

What are the benefits to filing CMA?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 3, 2021

What's a CMA? None of these seem to fit:

https://en.wikipedia.org/wiki/CMA

1 Answer | Asked in Divorce for Florida on
Q: I was awarded my Honda in divorce but the ex has it
Rand Scott Lieber
Rand Scott Lieber
answered on Dec 3, 2021

If a court order (Final judgment of divorce) has granted you property then you can return to court on a Motion to Enforce the court order.

1 Answer | Asked in Divorce, Real Estate Law and Tax Law for Florida on
Q: Do I still have to pay taxes on the sale of a house that my name wasn't on just because we were married at time of sale?

We sold the house we were living in and were married at the time of the sale. My name was never on any paperwork for the house. We are now going through a divorce and he is trying to say that I still have to pay half the taxes on the house because we were married at the time of the sale.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 23, 2021

Are you asking about federal income tax "on the sale of a house" ( I.e.: capital gains)? Probably.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Legally married can I buy a house ?

I’m legally married but separated meaning I moved to another house we are planning to file a divorce but since we have a child together that may take some time and while I m looking to buy a house what can I do so he doesn’t have any rights to share property with me since I m buying by myself I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 18, 2021

If you can get him to sign one, probably. It should perhaps recite the circumstances and the intent.

1 Answer | Asked in Divorce for Florida on
Q: married for 5 years - now divorcing.

married for 5 years - now divorcing. She is on the mortgage alone we are BOTH on the deed. so now she just wants me off the deed, however I don't think so. she will keep the house Ill leave , but do I get something from the house?

Michael  Mayoral
Michael Mayoral
answered on Nov 12, 2021

Consult a family law/divorce attorney before you sign absolutely anything. Pay for the attorney if you need to. The home is likely considered marital property (50% of it is likely yours, generally speaking).

1 Answer | Asked in Divorce for Florida on
Q: Do I have a right to recop money that I have put into my wife's house in a divorce.

We are getting divorced after 2 years and I have invested money and time into the house. Since I had a mild heart attack she wants the divorce.

Michael  Mayoral
Michael Mayoral
answered on Nov 1, 2021

Generally, the home should be considered marital property (split 50/50). I don't know if you will be able to get back (dollar per dollar) what you put into the property, as you two shared assets while being married. However, this is a question better asked to the attorney handling your side of... View More

2 Answers | Asked in Bankruptcy and Divorce for Florida on
Q: Ex-husband is filing Chapter 13. According to the divorce decree, he was to buy me out of my interest in the house with

36 monthly payments, after which I was to file a Quit Claim. How does his filing 13 affect his monthly obligations to me? Thanks in advance...

Timothy Denison
Timothy Denison
answered on Oct 28, 2021

Doesn’t affect them at all. He’s still obligated to pay you per the decree.

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1 Answer | Asked in Divorce for Florida on
Q: Do I have the legal right to move back into my own home?

I want to know if I have legal right to move back into my home, I am on the deed. I left because I found out my husband was having an affair, but I want to move back home into my house. Do I have a legal right to do that?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 22, 2021

Yes, assuming there is no court order to the contrary.

2 Answers | Asked in Divorce for Florida on
Q: How do I get a Puerto Rican divorce?

My wife lives in Puerto Rico and I live in Florida. We've been separated since 1996. I can get a Florida mutual consent divorce but she refuses to sign. What's the best and most economical way to get a Puerto Rican divorce? I'm willing to give her all property in Puerto Rico.

Michael Ferrin
Michael Ferrin
answered on Oct 19, 2021

If she has been living in Puerto Rico for 6 months or more, or she has never lived in Florida, you should contact an attorney in Puerto Rico and file your divorce there.

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1 Answer | Asked in Divorce for Florida on
Q: Can you have a wedding while still legally married to someone else? Just a wedding not signing any papers?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 17, 2021

No. Bigamy is a criminal act. The only papers you would sign would be an application for a marriage license, but signing that would probably also be a crime.

1 Answer | Asked in Divorce for Florida on
Q: Can I still file for divorce in the state of Florida if mine and my wife's mail goes to an out of state address?

My wife and I are temporarily residing in Zirconia, NC. Our mail is sent here. However, our license plates, drivers licenses & so on are registered to the state of FL still. Are we still able to file for divorce in FL, or since we've temporarily relocated to North Carolina, do we have to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 13, 2021

Yes, at least one of you would probably be considered a Florida resident. Being "temporarily relocated to" another state doesn't mean you don't remain a Florida resident.

1 Answer | Asked in Divorce for Florida on
Q: Will FL accept copies of signed notarized div forms. Ex is in IL or org needed 2 file
Garrick Neal Fox
Garrick Neal Fox
answered on Oct 11, 2021

It depends because some of the agency need documents must be original. Save yourself some troubles and get more certified.

2 Answers | Asked in Divorce for Florida on
Q: How to get a divorce without knowing where the spouse is

I know he is in New York but he will not give me an address and has blocked access to all communication. We have been separated for over 14 years

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 11, 2021

You can file a divorce by publication. Check with the clerk's office to see if the offer free help. Otherwise look for a local family lawyer to guide you through the process.

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: My husband cheated on and we have a child. Just looking for advice on how to go about stuff

We have a mortgage, cars, a boat, joint bank account and an 11 month old child.

Laura E. Kenney
Laura E. Kenney
answered on Oct 8, 2021

Good question and first let me say I am sorry for what you are going through. Florida is a no fault state when it comes to infidelity and the divorce process but infidelity can become relevant if the unfaithful spouse used marital funds to conduct the affair. Feel free to reach out for a... View More

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