Florida Recent Legal Answers from Lawyers

A US citizen can sponsor a foreign national spouse for a green card unless that US citizen has been convicted of crimes under the Adam Walsh act. Any domestic violence charges or arrests that did not result in the conviction of the US citizen would not disqualify the US citizen from sponsoring his foreign national spouse for a green card.    ... Read Answer

You cannot do anything until you find her.   Then you have to file a lawsuit for breach of contract, serve her, and perhaps reopen the probate proceeding.  If there were no will, then, apart from the house, she would only get 50%.   If you do all of the above, then you may still have to spend a great deal of money and effort to enforce any judgment that you get.  ... Read Answer

Unfortunately, that simply isn't how retaining a lawyer works. Even if it were permissible for a lawyer to take 80% of the damages, that presumes that a mount would equal the value of the legal services, which is questionable given the cost of most garage door projects. To be candid, in many instances, its actually less expensive for the consumer to hire a lawyer on paid retainer or fee than it is to have the lawyer take the common 40% + costs for litigation, if the cost of the project was substantial, $20,000.00+. Bear in mind that lawyers do not litigate from a position of anger or frusration with the contractor, so they typically have little interesting in prosecuting  claims with an emotional motivator or where the client's motivation is to "go after" someone.. Your best bet is to retain a local construction or consumer lawyer and have them review the situation and your contract for options. ... Read Answer

I would assume that your wife will be safe to travel from Florida to New York as you are traveling in February and her legal stay is authorized until April. The fact that she is applying for adjustment of status would appear to give her another ground to stay although it is difficult to imagine that the subject would come up where a visitor is legally authorized to stay and that the travel is domestic instead of international. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You will need to retain a civil lawyer to address this. The BIG issue is the expense of a lawyer fighting over the rental costs might exceed the amount you are fighting over. Have you tried to see if you have rental coverage on your insurance? Unfortunately, third party property damage claims are always very difficult to address financially. ... Read Answer

The father has a constitutional right to see his daughter. So if he decides to file an action to get a court order for reasonable visitation or even joint custody, then you will have to defend that action. In that action, you can also file a countersuit to get child support. Normally the judge always gives primary custody to the mother when the child is of tender years, and normally the father would get reasonable visitation privledge. ... Read Answer

If the eviction already occurred this would be a problem. The time to address allegations of HUD violations or an unlawful eviction is BEFORE the eviction takes place and hiring a lawyer from the beginning. I was able to look at part of your case and it seems you were removed from the property by writ of possession almost 1 year ago. It is not clear what you are attempting to do, or what result to achieve, at this point in time. You can call our office at 1-800-922-6442 to address this issue further or to provide more details.... Read Answer

Under the facts provided, she is correct and its not because you are married. Its because she is a "co-tenant" on a rent to own contract. Yes, she can "take what she wants" because you are still married and its all, in theory, marital property. You will need to retain a divorce lawyer and likely move forward with the divorce proceedings to address all of these issues otherwise. ... Read Answer

Not sure what the question is. That said - legal liability does not require pictures or witnesses though that is helpful. Either your dog "busted out the gate" or it didn't and it bit other dogs or it didn't. This all revolves aound the type of dog, its history of "bustin out the gate", the type of fencing and gate and its condition, etc. I would start with getting as much detail as possible about the allegations and if the other person is making a claim or demanding damages, you will likely need to retain a lawyer and report it to your homeowners coverage. ... Read Answer

Did you call the police? If so, did your neighbor get cited for any traffic violation? If you have suffered injuries as Mr. Gold suggested, you should retain an attorney to represent you on contingency fee which means that you don't pay anything unless you win the case. This website prohibits us from soliciting cases. However, you can research our backgrounds and reach out to one of us.... Read Answer

Dear Ms. Newton:    If the parties cannot agree on a value of the property, then the best way to resolve the issue is to either: a) Sell the property and then you will both know the highest and best value that can be obtained in the open market and then you can divide the proceeds, or; b) If one of the parties wishes to retain the property, then have a licensed retal estate appraiser do an appraisal of the property to determine value.   If you each wish to get your own appraisals and they differ, typically the parties will agree to the midpoint between both as to value.  Candidly, the appraisals should not differ that much as appraisers are held to certain standards in preparing appraisals.  However, if you go to court, each party would have to have their appraiser testify and a court cannot take a midpoint...the judge will have to determine whose appraisal should be used.  Again, another reason to resolve this amongst yourselves.     Also, as to your name being on the note,  it is suggested that if one party is buying out the other party that the party retaining the property be required to  refinance it to remove the other party's name from the note obligation.  Otherwise,  the party being bought out will still be on the obligation, and not only will it remain as a debt on his/her credit rating, but if the person retaining the property does not pay the note, then the lender can pursue both parties. Hope this helped. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade; 954-558-0074 Boca Raton/Palm Beach: 561-962-2785... Read Answer

You will need to retain a lawyer in Lee County, Florida and start seeking sanctions and possibly sue for malicious prosecution/abuse of process. At least you might be able to show others that she was sued for her false statements and not that the injunctions were denied due to lack of jurisdiction, etc.... Read Answer

The difficulty with filing a new I-539 or motion on I-290B is that you are already not legal in the US, and you face an unlawful presence bar of three years if you do either, and the adjudication takes over 180 days from the date of your initial decision, and you lose. If you do either one and the adjudication is not yet received by the fifth month after the expiration of your initial permitted stay, you will be faced with the choice of leaving the US to avoid the three year bar or staying and gambling that your application or motion will be approved. It is difficult to say which route would give you the best chance of being approved, but at least the I-290B motion would not be late. It should be further noted that DHS does not approve of persons coming into the US on tourist visas and giving birth in the country. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer