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Florida Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: How do you dissolve a non-filed domestic partnership?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 30, 2023

Florida doesn't recognize "common law marriages", so one cannot file in court for dissolution of one. Custody of children born of such relationships would be determined by actions for child custody. Division of jointly held real property would be done by actions for partition.

1 Answer | Asked in Divorce for Florida on
Q: My ex got the vehicles in the divorce, he will not change the registration into his name
Rand Scott Lieber
Rand Scott Lieber
answered on Dec 7, 2023

Your remedy is to return to court on a motion for enforcement. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Child Custody for Florida on
Q: How to deal with an ex that used to be an attorney and parenting time conflicts.

Below is our parenting time for the upcoming holiday:

The Father shall have the first half of the ·winter break in even years, which shall include Christmas Eve and Christmas Day. The Mother shall have the second half of winter break in even years, which shall include New Years Eve and... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 6, 2023

Yes, 12-29 is the trade day based on what you shared.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: How do I get my name off the title to a car my ex wife was given in our divorce? She is non compliant with the issue.

I have a local family attorney. He won't touch it. I have asked a few more local attorneys, all have declined to represent. As for the divorce decree does not state specifically that my name must be removed, an enforcement order won't work. The local DMV told me to go get my car, but I... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 6, 2023

If she will not cooperate then your remedy is to return to court on a motion for enforcement. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: If my husband quits his job before I file for divorce, will that affect the amount of child support he will owe?

I have not filed for divorce yet but have told my husband I want one. He has now quit his high paying job and says he is looking for another lower paying job. Could this be an attempt to get out of paying so much for child support?

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 29, 2023

When a divorce is filed, any wage earner is expected to continue to earn at the same level unless the reduction in income is out of their control. Child support is based on each parent’s income. If a person becomes voluntarily underemployed then you can argue that to the judge. Speak with a local... View More

2 Answers | Asked in Divorce for Florida on
Q: My daughter and her husband lived in Missouri he filed divorce she moved to Florida and he has now moved to Florida

She wants the divorce to proceed Missouri will not dismiss the case nothing's happening how does she proceed she has the children in Florida for a year. How can she proceed. She is not recieving any child support and he trying to drag out divorce.

Michael Ferrin
Michael Ferrin
answered on Nov 25, 2023

If the case is still pending in Missouri you would need to first speak with an attorney in Missouri to address the case there and see if it can be transferred to Florida now that both of you live in Florida.

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1 Answer | Asked in Divorce and Child Custody for Florida on
Q: Can my wife used an arrest against me in court but i plea not guilty and the case was dismissed?

I’m going trough a divorce my wife lawyer filed a motion to stop the time sharing the judge ordered temporary. Based on an arrest I had but I was never convicted I plea not guilty and the case was dismissed she also claiming I have mental issues and drug abuse base on a letter she opened from a... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 20, 2023

The legal standard for children’s issues is what is in the best interest of the child. If the incident that you are referring to had nothing to do with the child or did not happen in front of the child then it is not relevant. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce for Florida on
Q: What are my options to divorce my wife since I have become aware of her having an affair?

I recently became aware of my wife's affair through her sister and mother. I also have proof of the affair thanks to her sister. Her deception was complete, even posting pictures of our bedroom and videos of the two of them on his social media site planning to marry and go on a cruise for... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 20, 2023

Florida is a no fault state. When you file for divorce you simply claim “irreconcilable differences.” The only significance that the affair may have is if your spouse is spending marital money on the affair. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Communications Law for Florida on
Q: Can a lawyer in VA threaten to put someone in jail in FL if the person does not agree to terms under a civil case?

My husband is being sued by his ex-wife for non-payment of his portion of joint student loans that are part of his divorce decree of which he told her at the time he was not working when it came time for him to pay his portion and wanted to file for a deferment. Student loans show in his name only,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 15, 2023

If the divorce decree requires him to make certain payments, and if it can be proven that he failed to do that, he can be held in contempt of court. And if he is found to be in contempt of court he could be jailed. It's not clear whether the divorce decree is from Florida or Virginia.

1 Answer | Asked in Divorce for Florida on
Q: How do I file an opposition to a motion to transfer in the state of Florida

My soon to be ex husband's attorney filed a motion to transfer claiming costs, zoom availability and assets as reasons why to move county. I'd like to oppose this

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 15, 2023

File a response explaining the reasons why you oppose the transfer. You may need to research legal reasons to object. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce, Family Law and Personal Injury for Florida on
Q: My first lawyer gave my case to his partner who was ill. No documents filed witness was not contacted. Statue ran out

My case was given to a partner in the firm without my knowledge, he refused to do anything to confirm orior knowledge of restaurant he refused to contact witness and would become very upset if I questioned him. I had to undergo surgery, I was in a wheelchair for months and yet I could not get... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 14, 2023

Your inquiry is a bit vague as to whether the first case is over with zero recovery, and if so, why. You seem to indicate that the statute of limitations period expired, but that issue likely has nothing to do with the issue of which witnesses should be contacted. You are also vague, ad to both... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: I divorced 2yrs ago and was awarded alimony in Florida.

I recently entered into a supported relationship and verbally agreed to stop alimony. That relationship lasted six months. Can alimony restart being alimony was not terminated via the court? Unfortunately the loss in alimony has caused a detrimental loss to my living situation, to support me and my... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 9, 2023

The answer will depend on what kind of agreement you entered into with your former spouse when you agreed to the termination (verbal, written, etc.). Since you did not file anything with the court then there may be a chance; however, your former spouse will argue that you reached an agreement and... View More

1 Answer | Asked in Divorce, Personal Injury and Family Law for Florida on
Q: My wife and I have split and she's showing and selling my masterbation video can I sue her

It was made for her supposed pleasure but apparently she wants to blackmailed me

Charles M.  Baron
Charles M. Baron
answered on Nov 7, 2023

If she is asking you for money or some other benefit to prevent her from showing it, she's likely committing a crime, and you can report her to law enforcement - IF you want this issue to become public record and IF having her arrested, possibly hauled off to jail, and prosecuted is desirable.... View More

2 Answers | Asked in Divorce for Florida on
Q: If I live in the United States and my spouse lives in Puerto Rico can I file for divorce in the United States

Or do I need to go to Puerto Rico

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 7, 2023

As long as you have been a resident of Florida for at least six months you can file for divorce here. You will need to serve your spouse with the papers in PR but you don’t have to go there. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Civil Rights, Constitutional Law, Divorce, Family Law and Child Custody for Florida on
Q: My constitutional rights have been violated in civil/custody court many times. My children are in danger.

Pinellas County, fl.

James L. Arrasmith
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answered on Nov 5, 2023

If you believe your constitutional rights have been violated in court, particularly in matters as serious as custody disputes where you feel your children are in danger, it is critical to seek legal advice immediately.

Contact a local attorney with experience in family law and civil rights...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: My husband of 11 years (we have been together 20) is trying to.force me to leave our rented home, although my name

Is also on the lease , and leave with no money even tho our bank account has $37,659, and with no car . Id literally leave destitute. What are my rights ? Do i have a right to our money ?

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 3, 2023

You must file for divorce in order to get legal protection. You are entitled to one half of the marital assets (and liabilities) accrued during the marriage. You also have an equal right to live in the property that is rented to both of you. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce for Florida on
Q: can I get a divorce in the US from my husband in the UK in Miami? I want to get remarried, but he doesn't want to give m

He doesn't want to give me a divorce, but i've been in & out of the US since 2018. I'm with someone here in the US and he wants to marry me. So what can I do here, because in the UK i'm getting nowhere. Me and my partner are both blind as well, if that means anything.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2023

Yes, if you reside in Florida you can file for divorce in Florida.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: if my wife committed infidelity at work with her manager can I sue the company?

So my wife and I have been together 7 years. We have been great and she started this job at a hotel last year this is her first job. Over the last month I have found out about her having relations with her manager and also possibly another coworker. I would like to know if there is anyway I can go... View More

Michael Ferrin
Michael Ferrin
answered on Oct 25, 2023

I am a family attorney so I cannot give you advice on your rights to sue her employer. I can say that many companies frown upon this sort of behavior and if they are made aware of it, it could lead to both your wife and the coworkers to be terminated. Not sure if you want to do that, as when you... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: What constitutes a supportive/supported financial relationship to negate spousal support in Florida?

My wife wants a divorce. She's cheated at least once and now with a high index of suspiscion a second time. She has a credit card with debt & may also have an auto loan with another man. Will her extramarital financial agreements impact her being awarded spousal support (alimony)?

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 16, 2023

In Florida, alimony is based on financial need and financial ability to pay. The legal issue regarding extramarital affairs during the marriage is focused on the money spent on the affair. You may be entitled to a credit for any monies that your spouse spent on the affair. The issue with a... View More

1 Answer | Asked in Divorce for Florida on
Q: Divorce - what happens to a loan that is related to our house but is on my name only?

I am preparing for a divorce and my husband is not cooperative and doesn't want to settle. Currently, all our house loans are under both our names, except for the $40,000 solar panel loan, which is solely in my name. If we can't reach an agreement – which seems likely at this point –... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 16, 2023

If the loan was incurred during the marriage, especially related to the marital home, it is a marital debt, regardless of whose name is on it. Speak with a local family lawyer for more specific advice.

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