I hired counsel for my mothers probate in 3/2020. I told her if the process risked my mental well-being i didn't want anything to do with it. She advised it would be a simple probate, told me to move into the home to protect it by homestead, told me I would be able to sell the house within 6... View More 
answered on Sep 28, 2023
It may well be. A probate attorney should inquire as to the marital status of the decedent at the outset of an engagement. It’s a very important and basic question like did the decedent have a will. Unless you represented that your mother was “single” and not “divorced”, you may well... View More
I filed a motion to modify parenting plan. It’s been 20 days and the only thing the other party filed was a notice of appearance that said an attorney will represent her in this case. Does that qualify as an answer or can I file motion for default?
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answered on Sep 26, 2023
A motion to modify does not automatically require an Answer. You will not get a clerk's default since a notice of appearance was filed. You can schedule your modification for hearing and bring up the lack of a response to the judge but you will still need to prove your case (no default). Speak... View More
Sister had 2 daughters. The 2nd daughter was given the ashes by the funeral home. Now, this daughter is incarcerated here in Florida and has left my sister’s ashes with her aunt on her father’s side of the family and her parents have been divorced for many years.
answered on Sep 24, 2023
Have you tried asking the aunt if she'd be willing to give you the ashes, and telling the aunt how much it would mean to you? Sounds like your niece was the owner of the ashes and either gifted the ashes to that other aunt or requested her to hold onto them until she's freed. If... View More
I'm her step mom. I was not recording, and I was not planning on using it in court. I just read about eavesdropping and didn't know if no recording was a factor. Thank you so much for the information, a lot of weight was just lifted.
answered on Sep 23, 2023
Well, it was "eavesdropping" if one or both of them didn't know you were listening, but it was not necessarily unlawful. If you were on the phone with one of them, and she happened to hold onto the phone or put it down (knowing you were still there) as she started the interaction... View More
I applied for a marriage license in Florida, but I never got married and I never returned the license to the court, but the license status is listed as "NOT RETURNED." Does this have any legal effect? I would like to know if this marriage is legalized
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answered on Sep 24, 2023
In Florida, merely obtaining a marriage license does not mean you are legally married. For a marriage to be valid, the ceremony must be performed by an authorized person and the completed license must be returned to the issuing clerk for recording. If the license was never returned and no ceremony... View More
Husband owner his own business and never wanted wife to work. Hes now withholding money to basically control her.
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answered on Sep 21, 2023
There are several relevant factors needed to properly answer your question. How long have you been married? How old are the children now? Did you work prior to having children? How old are you? Generally, moving forward, if you are able the court will expect you to work at something. You should... View More
answered on Sep 19, 2023
To find out if someone has filed a court case against you, particularly if it involves a family matter, you can search your name on the clerk of court website in the county where you reside or where the cause of action occurred. This should provide you with the necessary information.
With help from my family I was able to escape an extremely abusive marriage. I’ve been living alone, in hiding from my estranged Husband for the past two years while my lawyer has been working to overcome my Husband’s (& his Counsel’s) deliberate delays as well as both of them obstructing... View More
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answered on Sep 18, 2023
In Florida, it is typically permissible for your husband's lawyer to contact your landlord, especially if it is relevant to the ongoing legal proceedings. However, given your concerns about privacy and safety, it's important to take steps to protect yourself. First, discuss your concerns... View More
My children have missed their prescribed weekend with me three times in the last 2 months. I believe this makes it necessary to file for her to be held in contempt. She also started working recently, as she was formerly on disability, so I need to renegotiate child support as well.
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answered on Sep 18, 2023
To find pro bono legal assistance for child support and custody matters in Florida, you can start by reaching out to local legal aid organizations, the Florida Bar Association's pro bono program, and nearby law schools that may have clinics or programs offering free legal services.... View More
House value 185k, home paid off by insurance company 5 years later.
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answered on Sep 13, 2023
This is not a simple calculation. You can probably recover your non-marital down payment but the remaining equity would probably be divided in half as marital. One or both names on the deed does not change the legal analysis in a divorce. Speak with a local family lawyer for more specific advice.
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answered on Sep 11, 2023
In Florida, individuals receiving alimony can typically work part-time, although the impact on alimony payments depends on various factors. Alimony agreements or court orders establish the specific terms, and these may include provisions regarding income changes due to part-time employment. If the... View More
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answered on Sep 11, 2023
You need to read your settlement agreement carefully. Alimony can be modifiable or non-modifiable. Alimony is based on your financial need and the other party's financial ability to pay. If your alimony is non-modifiable then there should be no problem. However, if it is modifiable then your... View More
I want to modify my child support because I’m not making nearly as much as I once was. The other side said they’re going to request my bank statements. I occasionally have family send me money through it when I can’t afford things, will that affect it? I’m struggling to pay the amount... View More
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answered on Sep 7, 2023
Child support is based on your income, which you can prove with pay stubs if you are a W-2 employee. As long as the loans from your family are not regular (emergency only) then they should not count towards your income. However, you may have to show the bank statements to prove that. Speak with a... View More
I'm an immigrant married to a US citizen who will be filing for a VAWA green card. I was a victim of domestic abuse and I would like to divorce my spouse. During our marriage he was the main bread winner and I was the care taker at home. I could not work due to immigration reason but I have a... View More
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answered on Sep 7, 2023
I'm sorry to hear that you're experiencing this. When it comes to filing for a green card under the Violence Against Women Act (VAWA) versus filing for divorce, it can often be a strategic choice. In many cases, it may be advantageous to initiate your VAWA self-petition before filing for... View More
I'm an immigrant married to a US citizen who will be filing for a VAWA green card. I was a victim of domestic abuse and I would like to divorce my spouse. During our marriage he was the main bread winner and I was the care taker at home. I could not work due to immigration reason but I have a... View More
answered on Sep 6, 2023
The decision of whether to file for divorce first or pursue a VAWA (Violence Against Women Act) self-petition for a green card depends on your individual circumstances and the facts of your case. It's essential to consider various factors before making a decision, and it's advisable to... View More
I am currently married but seperated and I would like to set up custody arrangements so that my spouse can see our child. If I do that before the divorce will that affect child support payments?
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answered on Aug 30, 2023
The two parents can voluntarily enter into a parenting plan. As long as you both agree and sign then it is a binding contract between the two of you which can be used later if you divorce. Technically there is no child support due while you remain married. Once child support begins it will be based... View More
My ex spouse threatened to shoot me 2 years ago, and at first she denied that during my divorce hearing under oath, but during the next hearing, she confessed about it for the record.
She also previously filed 2 DCF cases and 1 domestic violence case against me, which were never proven.... View More
answered on Aug 30, 2023
Theoretically, it could be a criminal assault case (if she threatened to shoot you at the same time she made the threat), or a criminal case for perjury, but I would doubt that the criminal authorities (either in Florida or in the military) would elect to prosecute. If by "a legal case",... View More
I live in Texas and my daughter lives in Florida. Long story short, before moving to TX I did not see my daughter for 8 months because the mother decided she wanted to stop coming to court ordered custody exchanges. The judge did not take that lightly and she was found in contempt and the judge... View More
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answered on Aug 30, 2023
You do not mention if you have ever been to court regarding the child. If there is an existing court case in Florida then you can file a motion for electronic communication with the child. If there is no court case then you must file a petition for paternity (assuming that you are not married).... View More
I gave him POA already
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answered on Aug 25, 2023
Using a Power of Attorney (POA) to manage your financial affairs is a legal way to grant someone else the authority to act on your behalf. However, it's important to ensure that the actions taken under the POA are within the bounds of the law and the terms specified in the POA document.... View More
Child asked to go to a sleepover birthday party during father timesharing weekend. Father does not wish to travel to take child. Father states that mother should make arrangements with his mother for the entirety of his timesharing weekend. He would not be with child, however seeking to pawn off... View More
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answered on Aug 24, 2023
The father is responsible for his timesharing. You do not need to make arrangements with his mother. You do not mention how the exchange is handled or how old the child is. Normally a parenting plan says that if a parent does not show up to exercise timesharing after a certain period of time the... View More
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