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Florida Divorce Questions & Answers
2 Answers | Asked in Divorce for Florida on
Q: I was divorced in 2011 and at that time I decided to have my maiden name restored.

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

Terrence H Thorgaard
Terrence H Thorgaard
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:...
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1 Answer | Asked in Divorce and Domestic Violence for Florida on
Q: 18 years married. Domestic abuse. HIS NAME ONLY ON ALL ASSETS. Rights to alimony & half of assets if she divorces him?
Rand Scott Lieber
Rand Scott Lieber
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

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Florida on
Q: I am looking for a divorce lawyer, family law,and domestic abuse for my niece. She lives in Port St. Lucie Florida.

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

Laura E. Kenney
Laura E. Kenney
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

1 Answer | Asked in Divorce for Florida on
Q: Can a couple who knows they are getting divorced both move to separate states and then one of us file?
Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Divorce for Florida on
Q: In Florida, is a process server allowed to give a summons to anyone other than the person being served?

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

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 25, 2021

Yes. As long as the sister-in-law is 15, or over, that's good service.

1 Answer | Asked in Divorce for Florida on
Q: Married purchased house in Florida he’s not on note or deed this year. If someone else is on deed can spouse be evicted

We are both from sc

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 24, 2021

Yes, if the mortgage note is not paid, everyone in it can be evicted.

1 Answer | Asked in Divorce for Florida on
Q: I discovered my wife has been unfaithful now she wants a post-nuptial. Should I sign.?
Nicole Vette
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Nicole Vette
answered on Sep 22, 2021

It really depends on what it says.

1 Answer | Asked in Divorce for Florida on
Q: How to reopen a closed divorce that was not finalized

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?

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Divorce for Florida on
Q: When getting divorced, can my husband claim a house that I got while we were separated?

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?

Opal Phiona Lee
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Opal Phiona Lee
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

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a judge require me to sign a quick claim deed with no legal standings.

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

Linda Liang
Linda Liang
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.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: I filed a supplemental petition for modification and my ex has not responded in the allotted time. What do I do next?

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

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1 Answer | Asked in Divorce for Florida on
Q: My husband made me sign papers for divorce after he filled out what he was getting and what I was getting. He also empt

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

Rand Scott Lieber
Rand Scott Lieber
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.

2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: Hello, I am a mom in the process of separation from my husband. Is it a good idea to sell my house?

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?

Linda Liang
Linda Liang
answered on Aug 29, 2021

You should not before you understand the ownership of the house. You should talk to an attorney.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: I understand the parenting plan covers until child is 18. How long in advance (1yr,6mo?)are highly structured plans done

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

Camila Martin
Camila Martin
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

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Q: Wife walked out on me and daughters

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

Camila Martin
Camila Martin
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...
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1 Answer | Asked in Divorce for Florida on
Q: Should I pay my ex half of e-file divorce?

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.

Camila Martin
Camila Martin
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...
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1 Answer | Asked in Divorce for Florida on
Q: What happens if you run out of money in a divorce case
Camila Martin
Camila Martin
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

2 Answers | Asked in Divorce for Florida on
Q: I would like to know my rights as a grandmother

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

Mr Eric Klein
Mr Eric Klein
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

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2 Answers | Asked in Child Custody and Divorce for Florida on
Q: Good Morning, Looking for advice on divorce that includes spousal abandonment. What rights do I have?

Spouse abandoned the home in November 2020 and hasn't helped financially.

Nicole Vette
PREMIUM
Nicole Vette
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).

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3 Answers | Asked in Divorce for Florida on
Q: My wife walked out on me 3 months ago and left me with our daughters - please help

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

Nicole Vette
PREMIUM
Nicole Vette
answered on Aug 23, 2021

You should file for divorce and then file a motion for a temporary child support order.

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