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Florida Divorce Questions & Answers
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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How do I fill out a financial affidavit in a FL child support divorce case if I am unemployed (stay at home mother)

The husband is also unemployed.

Paul Michael McDermott
Paul Michael McDermott
answered on Sep 26, 2024

Just check the box that says "unemployed" and mark "0" on the income section. You can still complete the expenses, assets, and liabilities portion of the form.

1 Answer | Asked in Divorce for Florida on
Q: Hello do you help in getting a name removed from a mortgage after a divorce?

My other half got divorced this year, he did a quit claim deed to remove his name from the house they owned, his name is still on the mortgage and a solar panel, he has asked her several times to remove his name and also sent a request to the mortgage co. and nothing has been done to date, this is... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 19, 2024

No, removing him "from the mortgage", even if possible, would not affect his obligations under the mortgage note and thus would not positively affect his credit.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Husband removed all my access to funds/credit, can't afford my divorce atty & don't qualify for aid. What are my options

Husband contacted the bank after I used my credit card to pay attorney and he told the bank those charges were fraudulent when he knows they were not. He also drained most of the joint account and opened an account only in his name. He said he would do whatever is necessary to keep me from... View More

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

You or your attorney can file a motion for temporary relief asking for attorney's fees to be paid by your husband or from marital funds controlled by your husband. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Florida on
Q: I am about to conclude my divorce but am insecure about accepting a $50k lump-sum because of my future.

I am 52 years old with 3 kids. I came to the US after marrying my husband 27 years ago in Europe, where I lived. He has a very high income and stability because he is in the tech industry. I was a stay-at-home mom for 10 years then part-time worker. Now working in administrative role for an Italian... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 7, 2024

Your question requires a more detailed financial analysis. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My wife and I separated. She stayed in the home with our grown daughter and her kids. Wife has moved to PA.

Can I move back into the house

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 5, 2024

If you both own the home then you have equal rights to the home. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: We both have I junctions against each other I filed for temp support will I get it and possession of the house.

I also have filed for divorce, will I be denied temp support I am on street with no money or anywhere to turn

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 1, 2024

An award of temporary support is based on financial need and ability to pay. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can my Seperated wife and boyfriend take my cars and come into my new apartment

The police said it was legal for her to do so, but not legal for me to enter her home or take her car

Garrick Neal Fox
Garrick Neal Fox
answered on Aug 31, 2024

If the apartment and the car are titled in your name, then they have no right to enter your apartment.

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1 Answer | Asked in Divorce for Florida on
Q: I am going through a divorce. Both cars are in my name. If she takes one of the cars, will she have to make the paymen
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2024

If she is to be awarded one of the cars, the divorce decree should provide that she makes the payments. In any case, if the payments are not made, the car would be subject to repossession.

1 Answer | Asked in Divorce for Florida on
Q: Are your spouse entitled to half of your 401k
Pamela J. Fero
Pamela J. Fero
answered on Jul 18, 2024

In Florida, the division of assets during a divorce is subject to the principle of "equitable distribution." This means that marital assets and liabilities must be divided fairly, though not necessarily equally. Whether your spouse is entitled to a portion of your 401k depends on whether... View More

1 Answer | Asked in Divorce for Florida on
Q: Hello, I have recently filed for a divorce and have lived away from my husband for the past 19 years.

My question relates to the financial affidavit and related documents. Do I have to provide my husband all bank statements, credit card statements, tax returns for the past three years even though he never even sent an answer to the original petition after being served? I don't understand why... View More

Mary Elizabeth Quinn
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answered on Jun 25, 2024

If you are requesting any financial relief from the court then pursuant to Florida Family Law Rule of Procedure 12.285, there are specific documents that must be provided to the opposing party and a Certificate of Compliance with Mandatory Disclosure must be filed with the court.

1 Answer | Asked in Divorce for Florida on
Q: Judge reinstated my maiden name at our divorce in FL. How do we sell our home if my married name is on the deed & title?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 21, 2024

You give the title company a copy of the divorce decree by which your maiden-name was restored.

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Florida on
Q: Bf of 9 years was sole financial supporter. Mnths ago he abruptly ceased paying bills, expenses. We live off MY SSDI.

He recd $4 mill sttlmnt 4 years ago, left me for other lady and came back weeks later. Now he sees her again but won't move out. Runs up our bills and refuses to give a penny. Very volatile situation which local cops know about.

.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 10, 2024

Are the bills "our bills" or his bills and your bills? You are not responsible for his bills.

If you want him out, and the residence belongs to you, simply evict him.

1 Answer | Asked in Divorce and Landlord - Tenant for Florida on
Q: My ex wife moved out 16 moths ago and left her stuff now she wants to sue me for her things she never picked up.

Nothing in the divorce agreement says anything about belongings but she sent an email 14 months ago stating what furniture she wanted and I replied looks good. Does she have any rights to her stuff since it's been so long.

Rand Scott Lieber
Rand Scott Lieber
answered on May 28, 2024

You are both bound by whatever your settlement agreement says. Normally there is a clause that says each party keeps whatever is remaining in their possession. Read the agreement carefully and speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: In our divorce settlement do the refinance costs have to be shared?

My husband chose to refinance but insists I have to share the cost . Since the house will now be in his name , why would I be responsible for his costs?

Rand Scott Lieber
Rand Scott Lieber
answered on May 27, 2024

Unless the marital settlement agreement is clear that you need to share in the refinance costs, it is not your responsibility to pay them. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: Calculation question to split a 401k for a QDRO in Florida.

Asset division states; Husband has a Delta 401K. The parties agree to equally divide the marital portion of the Delta 401k via QDRO. The parties shall equally bear the cost of preparing the QDRO for approval by the Court. The marital portion of the 401k is defined as the portion acquired from... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 18, 2024

You don’t need to do the calculations. When the QDRO is submitted you will include the dates and the plan will do it for you.

2 Answers | Asked in Divorce for Florida on
Q: Me and my wife have been married for 13 years. She got a big settlement about 18 months ago. With her settlement

She bought 2 homes and a new car all in her name. The past few months she’s been asking for a divorce since then she’s put both homes and her car in her kids name. We don’t have any children together. What legal recourse do I have?

Rand Scott Lieber
Rand Scott Lieber
answered on May 18, 2024

Assuming that the settlement was for a personal injury then you may be entitled to a portion. Speak with a local family lawyer for more specific advice.

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