Get free answers to your Divorce legal questions from lawyers in your area.
On the first page of The Final Judgement on line #7 it says "The wife's former name of () is restored".
Does that mean my name was officially changed at that time? Was I supposed to do anything else to complete the name change in the state of Florida? The reason I'm... View More
answered on Oct 8, 2021
Thank you for a very interesting question.
Proceedings for change of name are governed by Florida Statute 68.07. That statute in full can be found here:... View More
answered on Oct 6, 2021
What is important is how and when the assets were paid for. If they were accrued and paid during the marriage then they are marital assets regardless of title. The marriage is long enough for alimony. You must next look at one party's financial need and the other party's financial ability... View More
My niece has 3 girls and is married to a man that has been abusing her and the girls for years. She and the girls are finally safe living with her mother in Port St. Lucie Florida! This man has restraining orders against him from his own mother and father, and now sister. I need a lawyer to help... View More
answered on Oct 6, 2021
As a former prosecutor who specialized in domestic violence crimes I am well aware of the complexities facing a woman in your niece's situation. I am glad to hear she has an injunction protecting her and the children. Divorces with family violence must be carefully navigated. Please contact... View More
answered on Oct 1, 2021
Yes, assuming the spouse who files meets the residency requirements for filing divorce in the new state. Or if the filing spouse is still a Florida resident, that spouse could of course still file in Florida.
A process server came to the house to serve my mother in-law with divorce papers. She was sleeping because she works the night shift so my sister in-law answered the door and told him she was sleeping. He gave my sister in-law the summons and took down her first name and age. My sister in-law was... View More
answered on Sep 25, 2021
Yes. As long as the sister-in-law is 15, or over, that's good service.
We are both from sc
answered on Sep 24, 2021
Yes, if the mortgage note is not paid, everyone in it can be evicted.
I filed for divorce in 2019 and my other half was never served as they couldn’t locate him due to him being homeless. I didn’t pursue it much further and now the case is closed, but It wasn’t finalized. It was closed due to lack of activity. Do I reopen the case or start a new petition?
answered on Sep 21, 2021
It should be less expensive to reopen as opposed to beginning a new case. Check the fees with your local clerk's office. You will still need to serve him. There are other methods such as service by publication when a person cannot be found. Look for a free consultation with a local family attorney.
We have been separated for almost two years and I want a divorce. I am also about to buy a house. Can he claim any part of the house while going through a divorce?
answered on Sep 19, 2021
He certainly can. Usually, a court may use any of 3 dates when valuing assets and liabilities: 1) date of separation 2) date of filing the divorce petition or 3) date of final judgment. There are different circumstances which may warrant which date is used. Of course, you and your attorney would... View More
I just went through a divorce and the judge granted my ex the home. She asked for the home so she could sell it to pay her student loans but never filed anything in court about how much these loans are or anything except she painted the house and put a fence up. Is there someway i can have this... View More
answered on Sep 17, 2021
The judge must have issued an order. It does not seem that you understand the process well. You should hire an attorney to review your documents and tell you what is really going on.
I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has... View More
answered on Sep 14, 2021
Contact the judge's assistant and ask if you need to schedule a hearing or, alternatively, if the judge will rule on your supplemental petition without a hearing.
Out the joint account 2 months ago. Sole support for me last 6 years married 3. He had also took the breaker and thermostat so I had no air cond. And after a week gave it back. He makes 90+ per year and per his lawyer consultation to not help me out with bills . Shows ability to pay. I have... View More
answered on Sep 7, 2021
You need to look for a local family lawyer that offers a free or low cost consultation as soon as possible.
We purchased the house before we got married. I don't have money or a place to go but he suggested that we sell the house... what should I do?
answered on Aug 29, 2021
You should not before you understand the ownership of the house. You should talk to an attorney.
I get the plan covers until the children are 18. We have equal custody and do week to week. We alternate holidays and have a separate summer schedule. We use this schedule to plan our future trips. My ex only wants to establish this schedule 2-3 months in advance, however I would like a longer term... View More
answered on Aug 27, 2021
In a Divorce process, when a parenting plan is established, it is typically done for the duration of the child's minority and it is a plan that can be used from year to year. The Court will not keep a case open so you and the other parent can be changing the plan every few months. A parenting... View More
We - myself, my wife of 22 years, eldest daughter 21 and twin girls 16 - immigrated to St Augustine FL from South Africa in March 2020 via sponsorship by my brother. We all have permanent residence green card. A couple of months ago my wife got a new job and on the day the twins came home from... View More
answered on Aug 27, 2021
You should file a Petition for Dissolution of Marriage and request that the Court sets a timesharing with your daughters and their mother and establishes child support.
DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts... View More
Why does he need my new phone number? I got so he don’t contact me. He knows my address why do I have to confirm?
Can you confirm that your address is the same and your new phone number? Once I have the documents ready for your signature, I will give you a call or text to meet in a public place.
answered on Aug 27, 2021
The petitioner filing the case is the person that pays the fees to the Court. You are not obligated to pay those fees but it is up to your discretion whether or not you wish to contribute to half the cost if it will help with a more amicable process.
DISCLAIMER: The answer provided here do... View More
answered on Aug 27, 2021
You will have to be more specific on your question in order to be able to get a better response. If you run out of money because your assets are depleted, then the Court will have nothing to distribute among you and your spouse. If you run out of money and can no longer afford a lawyer, you will... View More
I have watched my granddaughter everyday sense she was born and provided everything for her except diapers and wipes. She is now three and her parents are getting a divorce.all of a sudden her mother texted me to tell me she would not be coming to drop her off anymore as she put her in day care.... View More
answered on Aug 25, 2021
Unfortunately, Florida does not recognize the rights of grandparents whatsoever. Under the Florida constitution, parents have an absolute right to privacy to raise their children anyway they see fit so long, of course, as a child is not harmed in anyway. As a grandparent, the only rights you have... View More
Spouse abandoned the home in November 2020 and hasn't helped financially.
answered on Aug 24, 2021
Florida is a no fault state so there are no longer required grounds to get a divorce. I recommend filing for divorce and seeking child support (if applicable) and alimony (if applicable).
We immigrated to USA from South Africa in March 2020. My wife of 22 years got a new job and she has left me (having an affair with her new boss) and our twin daughters aged 16. She does not pay child support, she only drops of a few bags of groceries every month, estimate about $140 worth total... View More
answered on Aug 23, 2021
You should file for divorce and then file a motion for a temporary child support order.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.