Divorce Legal Questions

Dear Anonymous:       Since your husband is consulting with an attorney to, it appears, plan his divorce, then to be on equal footing, perhaps you should have a consultation with an attorney as well.         You mention a prenuptial agreement, and the agreement might provide that you waived your statutory share of your husband's estate.  The statutory share, under Florida law, allows a spouse who is omitted from a will (or given very little) to elect against the will and inherit  a third of  the decceased spouse's estate.      Of course, if you are going to divorce, then any issues involving inheritance would not be relevant.  However, if you are planning to divorce it is not a good idea to just move outt without speaking to an attorney about this in advance.  If you do meet with an attorney you should make sure that you have him/her review the prenuptial agreement as well.   Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward . Miami-Dade . Boca Raton 954-316-3496/561-962-2785  ... Read Answer

Dear Ms. Volk:     I am not sure if you are discussing Court dates for your injury case or your divorce.  As to the personal injury case, typically you would have had to sign a waiver of your claim for "loss of consortium" as a spouse does have a claim when another spouse is injured in an accident.  However, I suggest you check with a personal injury lawyer on this.    As to the divorce itself, to set aside a judgment one must look at Florida Family Law Rule 12.540.  If you file to set the judgment aside within one year, you may do so on legal grounds of mistake, newly discovered evidence or fraud.  However, if your former husband's financial affidavit  was fraudulent, then the motion can be filed after the one year as there is no time limite, but, as always, the sooner the better.    If you feel that the facts suggest any of these grounds and a year has not yet expired, I would suggest that you move on this quickly.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward, Miami-Dade, Boca Raton 954-316-3496/561-962-2785      ... Read Answer

He doesn't have to sign the Summons in order for the divorce to move forward. As long as a proper individual serves him, that individual can file a Proof of Service with the Court. Depending on how long ago he was first served, it is entirely possible that your case could have been done by now, or at least closer to resolution than it is now. You should speak with a lawyer.... Read Answer

Despite the fact that the lawyer passed away, there should have been another lawyer appointed to take over the handling of his outstanding client matters. If you call his office or email him, you should get some type of notification, telling you the name of the lawyer who has taken over the handling of your matter. If you do not get that information or a response, you should contact the Office of Attorney Ethics, whose main office telephone number is 609-403-7800. The department will guide you to whomever has taken over that lawyers client matters and / or assist you in getting back some of your retainer monies. As for moving forward with your divorce, you can also contact the family part section of the courthouse to find out the name and telphone number of the judge handling your divorce. You can then reach out to chambers to let them know that your lawyer has passed away and that you wish to proceed pro se. Someone should be able to assist you in filing the substitution of counsel form so that you can take over your own representation. As it stands now, all notifications are being sent to your lawyers attention ( since he is listed as counsel of record in your matter). ... Read Answer

It is very hard to answer that question without knowing the details, but in general terms the Judge is to determine what "marital assets and liabilities exist" and to equitably divide them.  There can be issues of support alimony or other factors considered, but if both of you work and can be self sufficient, division of property and allocation of debts is the big question. It is often possible to obtain a FREE initial consultation with a lawyer in or near the county where the divorce would be filed.  Under NO circumstance should a person try to do this without legal advice.  If you want to reach agreements to avoid the need for a lengthy and drawnout process, you first need to know the probable out some if tried so you can then make decisions to cut to the chase. Use of mediation is an excellent option, but there too it is important to have legal advice so your agreements are based on reality and set out in a way to protect you legally from risks that the other party may discharge their obligations to pay marital debts (thus leaving you on the hook), and other issues. Call an attorney.  The Family Law section of the State Bar has always suggested that obtaining at least some psychological counseling is a good idea to address grief and other emotions to be able to make more sound decisions while saving on attorney fees and avoiding costly mistakes.... Read Answer

If it is a victim protective order that was violated, you call the police.  You may enforce other orders through filing an Application for a Contempt Citation, if the orders that are being violated are for the protection of minor children and they're being broke, you probably have a duty to enforce them or you could be accused of failing to protect the children. Call an attorney in or near the county where the orders were entered or where you live.... Read Answer

What you have discribed is "conversion" where she exceeded the authorization you gave her to use the vehicle, the best remedy is to file for the Dissolution of Marriage (Divorce) you have needed, if you still want to be married to someone who would do that to you, you can seek a Decree of Seperate Maintenance, in either case, an Application for Temporary Order and setting a hearing will at the hearing most likely allow you to regain possession and control of the "seperate property" she has refused to return to you. Of course keep making payments and maintain insurance, most likely any calls to law enforcement would be counter productive, they would say it is a "civil matter" and to take it up with a judge. Call an attorney in or near the county where you live.  If she files first in the county where she lives, it will be far less convenient for you.... Read Answer

Dear Ms. Baggett:     I am sorry to hear this as such actions clearly do not reflect well on  attorneys.  First, in my experience, unless one has a truly uncontested divorce, which is rare, when an attorney takes a divorce for a flat fee they stop working after they have "used up" that fee.  In your case, if you have an engagement agreement in writing, the firm has to honor that agreement.  I would suggest that you write a letter to whomever the managing partner is, set forth the issues and ask that attorney to get in touch with you immediately.  Often this will be enough to get things back on track.      As to your missing documents, unfortunately this can happen.  I would suggest that they look "harder" but I would not give them additional copies until you establish that this firm is going to move forward with your case.  If you decide you should change firms, I would  suggest you request an itemized bill to see how they applied the monies you gave them, and if you are entitled to a refund since your flat fee did not get you divorced.    The Florida Bar can also sometimes address these issues.   Best of luck, Cindy S. Vova Law offices of Cindy S. Vova, P.A. Broward, Palm Beach, Miami Dade 954-316-3496/561-962-2785  ... Read Answer

It is unclear what you are asking.  Feel free to look at the specific Property, Spousal Support, and other pages of our website that might answer specific questions about specific issues, here.  For more specific advice about your particular situation, consider a consultation with this firm or another family law specialist.... Read Answer

Dear Ms. Altman:      I am sorry you are dealing with this after 49 years.   Almost without exception, any asset, including the investments you mention, are considered marital if acquired during the marriage.  (there are some exceptions, but too complicated to get into details here).         You do not mention if there is a pending divorce.  If there is no divorce filed, there is really no way to, at this juncture, get the 50% of the asets back,other than the two of you coming to an agreement.  However, that said, it appears that he has taken "his share" of the marital assets and left you with the other 50%, which is essentially what a court would likely do.  To protect yourself, I would take ther remaining 50% and put them in an account solely in your name.  This will prevent him from taking any more of the marital assets and you having to fight to get them back.   I do not suggest you "use up" these assets, unless you need some funds for your support.      This does look like he is planning for a divorce, so it would probably benefit you to consult with an attorney at this time to learn your rights and obligations.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward, Boca Raton, Miami Dade 954-316-3496  ... Read Answer

If you both agree to the divorce, then  you can file for a simplified divorce.  You can find the directions and forms at https://www.flcourts.org/content/download/685807/file_pdf/901a.pdf.  Read these through and make sure that you qualify to a simplified divorce.  After you fill these out you should contact the clerk of court in the county in which you reside as to how to proceed because, to my knowledge, none of the counties are doing in person court, and they can guide you as to the procedure in your county.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward, Miami-Dade, Boca Raton 954-316-3496  ... Read Answer

There are forms that must be filled out to withdraw money from the account. You would likely not be able to access his account without his permission. Proof of his signature as well as other documents from the fund manager would likely suffice to show that he gave authorization. Also, the more important issue would probably be to trace what happened after the money was withdrawn. For example, if the money was used to take care of the household, it may not matter to the court. But if the money was used for one spouses benefit, the court may use that to equalize things in the property division. If you both have attorneys they will certainly make arguments concerning the withdrawal of the funds.... Read Answer

It means that you are missing essential pieces necessary to have the court finalize your divorce.  In order to obtain a final judgment of dissolution (divorce), you have to follow certain rules and complete all of the forms properly.  I would encourage you to take the envelope to an attorney who can review what you have done and assist you in getting your paperwork in order.  Often times, when untrained litigants try to do it themselves, or hire a paralegal, or legal document assistant, things get missed, and it costs more in the long run to fix the mistakes.... Read Answer

As you note, she (your daughter) is still his wife, if she wants to take that responsibility, the divorce court won't have any ongoing jurisdiction so if she anticipates being challenged by some blood family member of his, then she can file to open a probate proceeding and request an order giving her that authority.  I'm sorry for the loss this presents to your grandson.  If she has a lawyer in the divorce action, he/she should be able to assist her in handling this, if his family wants to challenge her, they can and a court will sort things out. Reaching out to his family may also be appropriate if for no other reason than to give them an opportunity to express their preferences for planning purposes.  The funeral director may be able to assist in this regard.... Read Answer

If you don't already have a Victim Protective Order (VPO), it sounds like you should get one.  Many counties will consolidate that with a pending divorce case, an Application for Temporary Order should be filed seeking money for your living expenses and suit money for legal representation.  If your attorney's wife suggested tha you get a new attorney, asking for an accounting of the retainer you paid and meeting with an different attorney where you are living would be very wise. Continuances are sometimes necessary, but you are entitled to an explanation of why your matter has not been heard by a Judge during the time it has been pending.  If you don't get answers and an accounting, you may want to go to the Bar Association website to complete a grievance, but getting another attorney may be more pressing given the threats and his puchase of a gun.  If a VPO is granted after a hearing in which your husband takes part or has been given notice and an opportunity to take part, in almost every case it would then be illegal under Federal Law for him to possess a fire arm or amunition. If you can't find an attorney to assist you try contacting legal aid services, they have offices all over the state and have as a priority assisting victims of domestic violence. If the police were never made aware of the threat you received, it would probably be a good idea to give them a detailed report, it would seem that charges may be appropriate for theatenting to kill you. Some counties have volunteer attorneys available to assist with getting a VPO, reach out to agencies in your area, some operate shelters and can also provide you with educational programs and counseling services to help you be safe while learngin to stand up to domestic violence.... Read Answer

Your question is somewhat imprecise; it is unclear whether you are seeking to find out if you were ever married, which could be researched at the marriage license bureau website, or whether you were ever divorced, which presumably could be researched through the family court clerk's office.  You can research, on line and by phone, either way, and consult a family law specialist as necessary.... Read Answer

Much depends on timing.  If the children and both parents were living in Nevada for at least 6 months, and they have been gone for less than 6 months, Nevada remains the "Home State" and therefore you could file for custody, and for an order requiring them to return to nevada.  Some details in the article "The Basics of Family Law jurisdiction" posted on our Child Custody page. You probably should consult with a family law specialist in the near future.... Read Answer

If you were represented during your divorce, you should contact your attorny and have him/her file a Motion to enforce the Judgment of Divorce. If you did not have an attorney, or are no longer in contact with that person, you can hire a lawyer to file the Motion on your behalf. Of course you can also do it yourself, but you would likely be better served working with an experienced divorce lawyer.... Read Answer

Short answer:  Probably, yes.   Whatever retirement was earned by either party during the marriage is subject to division by the judge at divorce.   This means that the retirement you earned prior to the marriage is your separate property and the retirement earned during the marriage is community property.  Also, any retirement your spouse earned during the marriage is also subject to division as community property.  Generally speaking, if you were married for 10 years while you were on active duty, she would be awarded 25% of your disposable retired pay.   If you have waived part of your retired pay (for example to receive VA disability pay), she would not be entitled to a share of the VA disability.  Fault in the breakup of the marriage is one basis by which the court can award a disproportionate share of the community property to the wronged party.... Read Answer

Oklahoma does recognize common law marriage, if established through evidence then you would have the potential protections of going through a divorce just as if you had a ceremonial marriage. A number of factors will be looked at for a judge to find you both had an intent of being married... did you hold yourselves out as being married?  Did you file taxes jointly?  etc. If you can't establish that, other legal protection could come through a law suit for unjust enrichment, breech of contract, etc. I found an interesting website that suggests defenses to saying there is a common law marriage... but it is still up to a judge to say if there is a marriage, which would then provide "Property Division" (assets and liabilities), provision for payment of debts, possible payments in support alimony, etc.  That site is:  https://www.thespruce.com/common-law-marriage-in-oklahoma-2302242 Call an attorney in or near your county to get more specific recommendations.... Read Answer