Get free answers to your Divorce legal questions from lawyers in your area.
Partners
answered on Aug 21, 2021
If you no longer trust or have faith in your attorney it sounds like you should consider hiring new counsel.
My ex and I are not together due to domestic battery. I had a restraining order for two years and was not able to renew it because he had not contacted me. Since his battery charge against me he has been arrested 3 times for battery and convicted once. He and I own the house that my children and I... View More 
answered on Aug 20, 2021
I can read this incident another way: Perhaps your husband brought a cop with him when wanted to give his children something--at a time he knew you would not be there--just to be sure you could not renew your outdated domestic battery retraining order. He probably also wanted to avoid a nasty scene... View More
No
answered on Aug 20, 2021
It's inadmissible because, among other things, adultery is irrelevant in a divorce; it has been irrelevant for a very long time.
If I have to return the children to the other parent seven days prior to school recommencing on 2nd September at 8am, would this be on 26th August or specifically before 8am on the 26th? My understand is that it refers to a date rather than a time. This is written in a FL divorce agreement if this... View More
answered on Aug 20, 2021
I would say that your understanding is correct: some time on August 26th. As one of the parties to the agreement, and if that was your understanding, it's arguable that such was the intent of the parties (or at least one of them). If the other parent wants it clarified, he or she should ask... View More
I calculated monthly support payments online with Florida child support calculator and would like to pay her that amount until the court case is final.
answered on Aug 20, 2021
Yes, but no cash as there is no paper trail and clearly put child support in memo line.
We are in Florida and agree on division of assets including 401k
answered on Aug 12, 2021
A divorce may still be obtained in Florida without the consent of your spouse. It will be a contested dissolution without an agreement. There are two requirements for the party who is the initial petitioner: 1. You must have been a resident of the state of Florida for 6 months prior to filing... View More
Trying to figure out how long a parenting plan is usually scheduled for. A year, 6 months or maybe even less?
answered on Aug 11, 2021
I like to do a parenting plan that covers timesharing until the child is 18 years old.
My ex's job has her traveling quire a bit and she constantly wants to change our week to week schedule. She would like to do a parenting plan only a month or two in advance however I would be fine with a year, excluding summers. It is a constant source of conflict.
answered on Aug 11, 2021
Typically a parenting plan is done based on the current best interests of the child. If it needs to be modified in the future then the person seeking modification files with the court to do so and holds the burden of proving that it should be modified. It is not common for a parenting plan to... View More
Got along great with ex. So much so she moved across the street. We have 50/50. I got a girlfriend around Christmas and now she is bitter and cold. Always bashing me on social media. Flew our kid from FL to CA for 3 days to see her bf without permission when she was supposed to be in KY with... View More
answered on Aug 10, 2021
The only lawyer who could possibly help you is the lawyer who handled your side of the divorce, because s/he was successful in getting you to 50/50.
From my own personal experience the best any father of a female child can expect is 50/50, which is where you are. So why rock the boat if... View More
answered on Aug 8, 2021
If the judge ordered him to do it, perhaps. I assume such an attorney was thought necessary to draft a qualified domestic relations order (QDRO); if so perhaps his wife's attorney could get one and get the court to require your boyfriend to pay for it.
answered on Aug 6, 2021
As a general rule, the children are returned to the non-offending parent. If that is not possible, the children will be placed with an eligible relative. If that is not possible the children will be placed into the foster care system.
My spouse who earns double my income filed for alimony. Will I have to pay?
answered on Aug 1, 2021
Alimony is based on one spouse having a need and the other spouse having the ability. Though a person may request alimony, the facts of the case will determine whether that person ultimately receives it. If your spouse makes double your income, it doesn't appear he/she would be eligible; you,... View More
answered on Aug 1, 2021
Good day. I notice you stated ex-husband - does this mean the marriage was already dissolved? If a spouse won the lottery before a dissolution of marriage was filed or anytime before a Final Judgment is entered, he or she is required to disclose it; of course, a stronger argument for it being... View More
Oldest child isnt biological the step parents kid. He has been going with his brothers since we split during timesharing with mom how to write that into paperwork without allowing him to be legally adopted his real mom abandoned him 11 years ago but is still on birth certificate I have paperwork... View More
answered on Jul 28, 2021
Permitting the step-parent timesharing wouldn't be causing the the person to legally adopt - an adoption process would need to be initiated. However, you may be entering into an agreement/contract to give a person rights they may not otherwise have. As such, I strongly suggest you schedule a... View More
Mortgage is in my name I have made every payment, I did put him on the deed when I refinanced when realtor pulled the title she said my name was the only one on it but my ex is trying to tell me that he has just as much say as I do as far as price being excepted for selling
answered on Jul 28, 2021
You do not say whether you are already in court for divorce or just planning. Either way, since his name is on the deed now he will need to sign the contract for sale. If you are in court and he is not being reasonable then you can ask the judge to intervene. If you are not in court then you will... View More
We are in Florida. Today, my wife is aware that the house belongs to me, cause I bought it with my own money. But will the house be divided if we divorce in the future? The house is titled by myself only at the moment.
Does it help if my wife is willing to sign a paper (what kind of paper... View More
answered on Jul 29, 2021
The document you will need to prepare in this case will be a post-nuptial agreement. As all my peers have stated, you should consult with an attorney and your wife will need to do the same before executing any documents waiving property rights. These issues are not to be taken lightly and a... View More
Now that we are getting a divorce he wants to change her last name but still be in her life. What will happen in this case?
answered on Jul 14, 2021
Your question has limited facts about your particular case and it will be better for you to discuss your case with a Family Attorney in your area. Based on the limited facts provided, your Husband could request to disestablish his paternity. However, if he has acted as the child's parent for a... View More
Started a city job with 401k in 2019 does my first wife have claims on my 401k
answered on Jul 14, 2021
Funds that are contributed during the marriage to the 401(k) are considered marital and are subject to equitable distribution during a divorce. If you divorced your first Wife before making any contributions to the 401(k) she will not have the right to claim any portions of it post-divorce.... View More
I don’t want to go to jail and I have a son to support and a in the middle of a divorce. I’ve gotten out of a toxic relationship and dealt with abuse growing up and the father is not taking any responsibility for child, the wrong I’ve done is that I took some redbull and used giftcards to... View More
answered on Jul 13, 2021
Hold on there... DO NOT EVEN THINK OF ending your life over something like this. Only a Florida attorney who practices criminal defense should advise here. But your question was alarming in its nature. You're gonna get through this. Hopefully a Florida attorney knowledgeable in criminal... View More
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