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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)?
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 
courts? Also, Is there someone a can talk with for legal advice only?
answered on Oct 13, 2023
Florida is a two-party consent state. As long as all parties to the phone conversation consented to be recorded, you may use the phone recordings as evidence. If not, the evidence must be excluded and you will be charged with a third-degree felony under Fla. Stat. 934.03.
They were never married, only had twins. I believe she will as for child support after we are married. Is there anyway to protect myself at all or should we not get married?
answered on Oct 11, 2023
Unless you legally adopt the children you will have no legal obligation to them, child support or otherwise. As far as protections with your potential spouse, you can enter into a prenuptial agreement. Speak with a local family lawyer for more specific advice.
We were married in Dec 2012, he moved out in June 2016 and we saw him one time in June 2016 after that. He moved out and became an absent parent after DCF opened a case against him for substance use and the case was closed after he continued to refuse to take a drug test. And being absent until Dec... View More
answered on Oct 9, 2023
You need to answer his petition for divorce and explain everything that has happened over the past several years. The court will order timesharing based on what is in the best interests of the children. It sounds like you can demonstrate that the father has not been involved in the lives of the... View More
She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?
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answered on Oct 14, 2023
Aggravated battery against a pregnant woman is a serious offense and can be considered a crime of moral turpitude or an aggravated felony under immigration law. Green card holders convicted of such offenses are at risk of deportation. If she's deported, it may impact custody arrangements, but... View More
She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?
answered on Oct 6, 2023
If she is convicted, she is likely at risk for deportation. She needs to schedule a consultation with an
immigration attorney, as well a consult with the attorney representing her in the criminal court regarding any chances to prevent conviction or other result that could lead to... View More
they split the bills and mortgage, both on the deed and note. One spouse moved and then served the papers. but is refusing to pay their half of the mortgage. Recently, the spouse that moved out has turned off internet, then took the modem.
answered on Oct 5, 2023
In Florida, in many jurisdictions, there is a presumption that both parties should maintain the financial status quo after a divorce is filed. This means that each party should continue to pay what they have traditionally paid. There are exceptions to this. You must apply to the court for relief,... View More
I am a pro se litigant.
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answered on Oct 3, 2023
During a deposition, opposing counsel has broad latitude to ask questions related to the subject matter of the lawsuit. They can inquire about facts, statements, actions, or any other information that might reasonably lead to admissible evidence. However, they can't ask questions that are... View More
answered on Oct 3, 2023
That depends on whether your boyfriend has any relevant information regarding the divorce. Generally, they cannot ask about his finances. The deposition must occur in the county where your boyfriend lives. If opposing counsel's office meets that requirement then the deposition can be held... View More
In 05 I was ordered to pay almost $1k a month in child support. I changed jobs and filed a modification. the children’s mother heard about this and moved and never gave the state her new address. her D.L address doesn’t match her residence. all modification were denied as the state can’t... View More
answered on Oct 3, 2023
Although it is possible, generally payors do not go to jail for not paying child support. If you are ordered to pay a specific amount and you have that amount in your possession (bank account, etc.) then you can be ordered to pay by a certain time or be jailed. This is called you having the keys to... View More
They only visited her maybe once a year or every other year but I should not be obligated to pay her. Should have she paid child support to me or my mom since we had them, not knowing the laws how could have we known what to do.
answered on Oct 3, 2023
Why do you think that you need to pay child support? If there is a court order that says that you need to pay child support then you need to file a motion with the court that issued the order explaining that the children have lived with you. Speak with a local family lawyer for more specific advice.
Husband has owned a successful business and did not want wife to work, now that marriage is not working hes telling her to get a job and with holding money from her for basic living needs.
answered on Oct 2, 2023
he can file for divorce and seek temporary spousal support until she can find work and support herself. Of course, it depends on many factors, like how long you've been married, whether you worked before having children, and the age of your children. Speak with a family law attorney to learn... View More
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?
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.
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
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