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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Florida on
Q: I was trying to see about a divorce I have been separated for over 13 years but I don’t have a lot of money
Lynette Silon-Laguna
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answered on Dec 13, 2023

Hello! Since you have been separated for 13 years, how complicated your divorce would be would depend on whether you have minor children or assets and/or debts together. I cannot provide too much advice as I do not know your situation. It could be a very simple divorce and depending on the... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Florida: if i only have income of 10,000 and my spouse makes 76,000 yrly. What is normally fair alimony?
Laura Arcaro
Laura Arcaro
answered on Dec 22, 2023

There are many factors that the court must consider in determining an alimony award, including the relative financial positions of each party, the length of the marriage, and the purpose for awarding alimony in a particular case. A consultation with a family law attorney will help you understand... View More

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1 Answer | Asked in Tax Law, Social Security, Divorce and Family Law for Florida on
Q: divorce was filed after 5 yrs of marriage can soon to be ex get future social security if it is't final for 10 yrs

ex wife is dragging out divorce. filed over 2 years ago and no final date in site. can she claim my social security benefits if the marriage isn't final and we are still legally married at 10years?

James L. Arrasmith
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answered on Nov 28, 2023

The duration of a marriage can impact entitlement to Social Security benefits, particularly in the context of a divorce. Generally, for an ex-spouse to claim Social Security benefits based on their former spouse's record, the marriage must have lasted at least 10 years. This is a federal... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Is there something you can file against a wrong venue? They have filed for wrong venue and I don't want to change

This is for a divorce and I have moved to a different county I don't have a car to be able to drive to the other county. I was there for 6 months

T. Augustus Claus
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answered on Nov 15, 2023

Yes, you can file a motion to dismiss a divorce case that was filed in the wrong venue. In Florida, a divorce case must be filed in the county where either party has resided for at least six months immediately before the filing of the petition for dissolution of marriage. If the case was filed in... View More

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2 Answers | Asked in Divorce for Florida on
Q: How to deliver indexed notebook for final divorce hearing to judge?

I've been instructed to deliver an indexed notebook for my divorce trial to my wife's attorney and to the judge. If I create a physical binder I assume I'm having to do multiple binders and if so, how do I make sure the judge receives a copy?

Thank you!

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 10, 2024

Take it to the courthouse. Each judge has a mail box.

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1 Answer | Asked in Divorce for Florida on
Q: My wife filled a divorce while I was in rehab and now we are together is there away to reverse or cancel the divorce?
Kay-Ann  Waite
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answered on Dec 7, 2024

Yes, this is an easy process. She will need to file a Notice of Voluntary Dismissal. The clerk will then send it to the Judge who can then dismiss the divorce.

1 Answer | Asked in Divorce for Florida on
Q: I am divorced, and my name is on the lease of the apartment my x lives with kids, can i still enter the property

the court order said i must exit the location within 30 days of the order, i did, but now i have found myself homeless i lost my place to live, can i go back and enter the property or visit my kids on the property

Mr Eric Klein
Mr Eric Klein
answered on Nov 27, 2024

The short answer to your question is no, you have no legal right to re-enter the property. In the event your former husband would agree to allow you to re-enter, then you could, but not otherwise. Good luck

1 Answer | Asked in Bankruptcy and Divorce for Florida on
Q: Is my ex wife liable for repayment of money spent from a settlement that was part of a bankruptcy estate?

In 2023 we received 17k for damages from a back wages settlement. This settlement went towards a credit card and a car loan while we were married, both of which she assumed responsibility for in the divorce settlement Oct 2024. The settlement was from a case originated in 2016. We declared chapter... View More

James L. Arrasmith
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answered on Nov 23, 2024

This is a complex situation that intertwines bankruptcy, divorce, and settlement funds. The key issue here is that the settlement from 2016 should have been disclosed during your 2020 bankruptcy proceedings, making those funds part of the bankruptcy estate - even though you received them later in... View More

1 Answer | Asked in Divorce for Florida on
Q: Pretrial hearing in FL for divorce, do I have to submit form M-2010-23-G or just pretrial statement attachments

I ask because it's a 36 page form

Garrick Neal Fox
Garrick Neal Fox
answered on Nov 19, 2024

If the business was created during the marriage and were living together, it is a marital business. She gets on half.

1 Answer | Asked in Divorce for Florida on
Q: Pretrial divorce hearing in FL, do witness statements have to be submitted or just witness list, prior to actual hearing

Paperwork to be submitted 10 days prior to court date, not sure if the statements are part of that or just the witness list.

Kay-Ann  Waite
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answered on Nov 13, 2024

For the pretrial statement a list of all potential witnesses with their name, address and phone number. The other side must be able to have sufficient information about your potential witness in the event they want to conduct an interview with them prior to trial.

1 Answer | Asked in Divorce for Florida on
Q: Pretrial statement for divorce hearing in Florida, do I only fill out court form or also submit written statement?

No alimony or custody, this is regarding marital assets only

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 12, 2024

You should include your proposed equitable distribution. List each asset and liability with a value and how you think that they should be divided. Pretrial catalog is sort of a road map. List all of your pints but you generally do not need a written statement. Speak with a local family lawyer for... View More

1 Answer | Asked in Divorce for Florida on
Q: divorce pretrial hearing, should witness statement address declining property value of house due to lack of upkeep?
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 12, 2024

Yes. Assuming that you mean pretrial catalog, put bullet points of what each witness will testify to. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: In Florida, are you able to claim half of spouse's inheritance if their parent passes away while still married?
Mr Eric Klein
Mr Eric Klein
answered on Nov 12, 2024

No. So long as your spouse does not comingle the inheritance with any marital property, an inheritance is non-marital.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What do you do when an absent parent, who has been absent the childs whole life starts calling & requesting a call back?

Child is 9. Father lives out of state & has not been involved since birth. He is on birth certificate & is court ordered to pay child support from other state. He was told that anything to do with custody or visitation would be FL courts. He never filed for anything. He's accused me of... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2024

It sounds legally like you are in control. Offer him the terms that you want and if he does not like it then he can go to court. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: Married 35years, husband left with no warning, husband makes $250,000 a year. Only $750.00 a month temp alimony

Since 2022 husband has had 3 pay raises and 3 large bonuses, and I haven't received a dime over $750.00.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 14, 2024

Generally speaking, temporary support is modifiable. If $750 is not enough and you can prove both need and ability to pay more then go back to court and ask for more. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: Can I take my car back from my ex wife

My wife blindsided me with divorce a month ago, she left but hasn’t filed. She took the suv she was using but it is financed in my name and registered in my name. We have no assets only debts. She has made no attempts to get a job so she can’t afford the payments. Can I legally take the car... View More

Pamela J. Fero
Pamela J. Fero
answered on Oct 14, 2024

Consider filing for temporary orders in family court. These orders can provide immediate relief and address the possession of marital assets (like the vehicle) and custody arrangements while the divorce is pending.

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Florida on
Q: Please I need to legal advise for my family.

I live in Florida, I have a family consist of 6 members my wife and I with daughters 19 y and 14y and sons 18 year 16y, I would like to sell my home and move outside the country for one year because I have work in my an original country .

my wife and son want not to move with me and I can... View More

James L. Arrasmith
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answered on Oct 13, 2024

Hello Fathi,

I'm sorry to hear about the challenges you're facing with your family situation. Moving abroad while ensuring your family's well-being is a significant decision that requires careful consideration. It's important to have open and honest conversations with...
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1 Answer | Asked in Divorce for Florida on
Q: I’m in final dissolution of marriage and I only have assets in retirement. Spouse hasent worked in the last 2 decades.

I have only retirement left to my name I assets. I am currently unemployed. And in need of my options from here.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 4, 2024

Not clear what your question is. If the retirement assets were accrued during the marriage then your spouse is entitled to half of the value. Depending on your age, health and other factors both parties may be expected to work by the court. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Florida on
Q: First of all my soon to be ex wife filed for child support in Santa Rosa county on 2-17-2023 then turned around and file

Filed a domestic violence injunction in Pinellas county on 2-22-2023 ( she don't live in Santa Rosa county neither do I ever. Then on 12-07-2023 filed for divorce in pinellas county, the day after I filed my answer to the divorce she filed violations of the injunction she says happened feb 3 ,... View More

Garrick Neal Fox
Garrick Neal Fox
answered on Oct 2, 2024

Sounds like you have a mess on your hands. You need a very good divorce attorney to sort this out. If there is a warrant for your arrest, that needs to be cleared first.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can my soon to be ex-wife get child support in a county neither one of us ever lived in and still don't live in and have

a on going divorce case in a total different county?

James L. Arrasmith
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answered on Sep 27, 2024

No, child support should typically be filed and handled in the jurisdiction where the child resides or where the ongoing divorce case is already being handled. If your divorce case is ongoing in a different county, it's likely that the same county would handle matters related to child support.... View More

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