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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: i was married for 26 years divorced and paying alimony for 20 years does the new law effects me, i am also retired

I am a Floridian

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

The new law does not affect the situation that you describe; however, you do have the ability to return to court for a modification of alimony based on your retirement. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: I don’t know what to do. My husband said he wants to sell our house and go our separate ways. I love our house.

I don’t want to leave. I am in rehab for knee surgery. We have been married about 25 years .

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

In a divorce there are generally only two options for the division of a marital home. Either one party buys the other party out or if that is not possible then the property is sold and the proceeds divided between the parties. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce for Florida on
Q: What rights do I have if my ex didn’t refinance the home per the Divorce Decree in Florida?
Rand Scott Lieber
Rand Scott Lieber
answered on May 7, 2024

You can return to court with a motion for contempt and/or enforcement and ask the court to order the other party to comply with the agreement. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Divorce for Florida on
Q: How do I have my ex spouse uncontested alimony deduction stopped? In 2003 my divorce was finalized in Bergen county NJ

My ex wife is in agreement to no longer receive alimony. The money is deducted monthly from my SS check.

Michael Ferrin
Michael Ferrin
answered on May 2, 2024

You would need to get with an attorney from NY where your case was filed and have them draw up an agreement to stop the alimony and enter a supplemental final judgment incorporating the agreement.

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1 Answer | Asked in Divorce for Florida on
Q: During separation spouse traded in a new car for another, but I wanted it.

Spouse traded a new car during separation that car was deemed maritial property, now I can not bargain, negotiate etc. with it, what are typical consequences of a spouse dissipating marital property right before mediation.

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 30, 2024

Based on your facts you are entitled to half of the value in your column for equitable distribution. It would be the net equity meaning the fair market value minus any loan on the car. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Florida on
Q: In Florida If you are in jail can divorce papers be served to you? Do you have to sign them if they are served to you?

Parents want a divorce, fighting over children. Mother had children. Mother got arrested and has been in jail for over a year case not tried yet.

Courts gave Father the children. He now wants her to sign the paper for a divorce. Her attorney took herself off the case several months ago... View More

Mr Eric Klein
Mr Eric Klein
answered on Mar 29, 2024

Yes, divorce papers can be served on you if you are in jail. No, you do not have to sign for the divorce papers if you are in jail. I hope this helps. Good luck!

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: I'm remarried, If I were to pass away, would my current wife be force to pay child support from my previous marriage?

I remarried in 2019 when my son, who lives with his mother in PR, was 12 years old. I live in Florida and I'm in perfect health but the question still arise. My son will be 18 this June and planning to go to college. I know that I need to pay child support most likely beyond him reaching 25... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 19, 2024

The child support obligation is yours alone (not new wife) and will terminate on your death.

1 Answer | Asked in Divorce for Florida on
Q: If a friend going through a divorce asked me to receive monetary assets in my name to avoid the spouse access, am I safe
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 7, 2024

Tell your friend that it is never a good idea to try and hide assets from a divorcing spouse. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: how many years of financial docs do you need in divorce in Ct
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2024

Standard is one or two years of bank statements and credit cards; however, either party is able to ask for more. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: Is my lawyer required to provide me with the hearing notices? Is 3/4 to set the trial date or the actual trial?

Divorce case filed July, 2021. Outcome of mediation failure recorded 6/2022. 2022/2023 motions & hearings were withdrawn/cancelled. 2/6/2024 respondent told me there was a court date. Online records show 12/15/2023 "EP - AMENDED ORDER SETTING TRIAL WITH ZOOM INSTRUCTIONS JUDGE 3/4/24... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 23, 2024

It sounds like you are set for trial on March 4, 2024. You should be speaking directly to your attorney about this. Otherwise schedule a consultation with another local family law attorney.

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Do I have to have a separate room for my daughter in order to win custody. Currently temp time share. Want sleepovers.

I have a 4 year old daughter. I am currently going threw a divorce. my Divorce lawyer tells me that I have to get my own place. I live with my brother and I have my own room. I am on the lease now. I told my DL that I can give my daughter my room and I can set up the livingroom for myself. So it... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

You should believe what your attorney tells you; or get another attorney.

1 Answer | Asked in Divorce for Florida on
Q: Do I need to do anything else for my divorced to be valid in Florida? or am I considered legally single in Florida?

I divorced abroad and submitted my divorce translated, notarized and apostille to the recording department at the Plam beach county clerk office. Mutual agreement divorce and no Childrens involved.

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 9, 2024

As long as you divorced legally wherever you were, with notice to the other party, then you are divorced. If you are concerned you should take your final judgment to a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: What’s next after petitioner denies my counter petition?

Petitioner filed for dissolution of marriage. Respondent answered and filed a counter petition. Petitioner answered with a general denial. What is next?

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

Next is the exchange of mandatory disclosure. Read family rule 12.285 for the list of what is required. After the parties exchange the discovery (documents) then the court will probably order you to participate in mediation. Speak with a local family lawyer for more specific advice

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: What do we do about residency and time-sharing while we are in the middle of a divorce?

My spouse served me with divorce papers after I put a temporary injunction on them. Currently I am occupying the marital home and have full time-sharing/custody of the children (due to temporary injunction). If I voluntarily dismiss the temporary injunction, will my spouse be able to come/go from... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 2, 2024

You need to address these issues with the judge that is handling your divorce case. If there are no court orders to the contrary than you continue to share the children and the house. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Florida on
Q: Am I responsible for the other parties attorney fees if I voluntarily dismiss the temporary injunction I placed on them?

I put a temporary injunction on my spouse and they hired an attorney before the hearing. If I decide to voluntarily dismiss the temporary injunction prior to the hearing, will I be responsible for their attorney fees?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 2, 2024

Generally speaking each party is responsible for their own fees in an injunction hearing. You have an absolute right to dismiss your petition. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Animal / Dog Law for Florida on
Q: Is there any precedent or possibility of receiving financial support for the maintenance of domestic pets?

My spouse left me with 28 animals (cats and dogs) and is not in a position to take any of them. Many of them will live for another 10+ years. The cost of maintaining them is about one third of my monthly income.

We do not have any shared property, assets, or children. It should be a very... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 23, 2024

In Florida pets are considered property. The court could order that the animals be divided 50/50 between the two of you but there will be no financial support.

1 Answer | Asked in Divorce for Florida on
Q: How can I divorce my husband if I don't know where he is or even what country? He has been gone since 2002.

All I know is he he left this country to return to his native country but I have no idea whether he is even there anymore. He has not been in contact with me.

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

This is called a divorce by publication. You can try to do it yourself if your local court has a self help section. Otherwise speak with a local family lawyer who can give you more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: Do the original children of a divorced father who later remarried a divorcee with children of her own at the time have a

Legal right to review the estate provisions of his revocable trust?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 9, 2024

Generally speaking, no heir has any rights until the "father" passes away. If there is an issue of incapacity with the father (unable to make decisions for himself) then you should consult an estate lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: Hi, I was married to a Swedish citizen in Sweden. He told me our divorce was final 04/04/1996. I remarried 10/25/1999.

The real divorce date was 06/18/1997. I am no longer married to anyone. How do I make that legal?

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

Since the first divorce was prior to the second marriage you don’t need to do anything.

1 Answer | Asked in Divorce for Florida on
Q: I separated husband in 1999 he was deported to Mexico I have since raised our3 kids I want a divorce how to proceed pls

No property

Kids grown fast divorce help I have a notarized letter from 1999 I had restraining order and judge gave me kids and house back in 1999 he was deported maybe 13 years ago and has since married in Mexico and has 2-3 babies I want a divorce yesterday my son's have contact with... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 2, 2024

Yes you can get divorced. This would be a divorce by publication. Contact a local family lawyer or see if your courthouse has a self help area. Speak with a local family lawyer for more specific advice.

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