Florida Divorce Legal Questions

Dear Anonymous: Although you can file for divorce in Florida, the only thing the courts in Florida can do is grant the divorce without dividing property, considering alimony or resolving any child issues if you have children.  That would mean those other issues would still be "open" and if you wish to get divorced I am sure you want to have all those issues resolved. In essence, the Florida Courts have no what is called "personal jurisdiction" over your spouse, since your spouse does not live in Florida, and (unless there are more facts) didn't live in Florida with you.  (there are certain other exceptions but too much to get into here...though probably not applicable). So, you would probably have to file  for divorce  where your wife still lives.   I would suggestyou contact an attorney in D.C. Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. www.vovalaw.com Broward: 954-316-3496 Boca Raton/Palm Beach:  561-925-2785... Read Answer

Dear Anonymous: It really depends on the terms of your personal injury settlement. Did your spouse sign off on the settlement?  If a lawsuit was filed, was it filed in the name of both your spouse and you?  Did the settlement reference a "loss of consortium?" If the settlement statement was signed by both of you and your spouse was a party to the lawsuit, then most likely the proceeds would be considered marital property.  How much of the settlement is marital is another issue because, for example, if you had gone to trial a jury might have awarded you a certain amount for injuries, loss of income, etc., while awarding your spouse for the loss of your "services" "companionship, etc." Also, even if you were the only party who settled the case, if you comingled any of the settlement proceeds with other funds (i.e.  had the settlement money in a separate account, and then added any money to it) then you may have tainted the entire account and converted it to a marital asset. Bottom line:  absent a settlement that says: this is yours and this is your spouse's, and then you keep the funds totally separated, whether the car purchased with the settlement funds is non-marital is not a clear answer. A possible solution would be to have a postnuptial that expressly states the settlement proceeds or anything you do with them will remain non-marital.  However, a postnuptial requires full financial disclosure, should be done by an experienced family law attorney, and will cost to have it drafted. If you are planning to divorce, then I'd just hold off on the car purchase for now. Best of luck, Cindy S. Vova Law Offices of CIndy S. Vova, P.A. Broward/Miami- Dade: 954-316-3496 Boca Raton: 561-962-2785 www.vovalaw.com... Read Answer

Dear questioner, Unfortunately, this question ended up in the "construction law" category  (by what mystery of the algorithm I cannot say), which means it is unlikely to get answers from knowledgable family law attorneys.  Lawyers.com does allow responding attorneys (we are all volunteers) to update the category, and I have moved it to "divorce" in hopes of getting you better responses. Best of luck.... Read Answer

Dear Ms. Saker: Under Florida law all property acquired during the marriage (with few exceptions) is considered marital.  Thus, even if your name is not on the deed to the property or, if the home  is rented,  and you are not on the lease, you still have a right to remain in the marital home. There are, of course, some exceptions.  If a spouse obtains a domestic violence injunction against the other spouse, the person whom the injunction is against can be removed from the residence by the local sheriff without a hearing.  However, the removed spouse has a right to a hearing to present his/her side of the case within 15 days of the date of the entry of the order. This works both ways.  I sincerely hope this is not the case, but if you are in fear of your hsuband because he has made threats against your safety, or if, again, hopefully not, he has been physically abusive towards you, then you may be able to obtain an injunction against him and have him removed from the residence. There are also time when, once a divorce is filed, a spouse can request exclusive use and possession of the home during the pendency of the divorce.  This is discretionary with the Court, but usually a Court does not grant this relief unless there are potential threats of violence, or if one party has made it wholly untenable for the parties to continue to live together. You state that you are "separated," but are you still living in the same residence? If so, I would suggest you stay put now and during the pendency of the divorce, once filed, unless any situations as described above occur. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785  ... Read Answer

 Dear Evonne: If you have a simplified divorce (sometimes called uncontested) you can likely file the case yourself, but it has to be done by both parties together. Click on the  link below, and it contains the the instructions on what you need to file a simplified divorce, as well as sends you to the forms you will need to complete.   If you still need help some firms may be willing to assist you on a limited fee or flat fee basis to help you get through the system, since it is sometimes confusing. https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms?sort=&view=embed_custom&searchtype=form&limit=50&query=uncontested%20divorce&offset=0 Best of luck, Cindy S. Vova Law office of Cindy S. Vova, P.A. Miami-Dade/Broward   954-316-3496 Boca Raton/Palm Beach  561-962-2785... Read Answer

Dear Ms. Moody: You can check all the boxes if you are looking to obtain child suport during the pendency of the divorce proceeding.  Actually, the first several documents that you need to provide are duplicated in the area below where you would be, presumably, seeking child support after the divorce is over as well. Remember, you still need to ask the court to set a hearing to go before a judge and request support, temporary or permanent or both.   It is just that permanent relief comes at a trial...if you haven't been able to settle your case before then.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade:  954-316-3496 Boca Raton-Palm Beach  561-962-2785... Read Answer

Dear Anonymous: You can file a motion with the court to have the guardian ad litem  removed from the case.  You will need to be specific as to why you believe there is a conflict of interest so the judge can review the facts.   However, from the limited information you provided, it seems that perhaps you should file a motion for contempt and/or a motion to compel your husband to comply with the Court order, as the Court can then review his violations and sanction him, or require him to give you make-up timesharing.  As the judge will ultimately decide your case it is important that the judge know that your husband is violating the Court's orders.  The guardian must look at all the facts.  Parties often feel that the guardain is biased when the guardian supports the other spouse's position.   There are probably a number of factors the guardian is considering in testifying, as you state, in "support of your husband."   But bringing a motion before the Court if you feel that you have sufficient facts is the way to go, not   filing a bar complaint. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward/Miami-Dade: 954-316-3496 Boca Raton: 561-962-2785  ... Read Answer

Dear Ms. Bunce: As you are still married, the vehicle is the property of both parties, regardless of how it is titled.  Thus, your husband cannot legally stop you from using the vehicle.  You stated you need it for your job, which is fine, but since there is only one vehicle you both need to be cognisant of the other party's need to use the car sometimes. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade:  954-316-3496 Boca Raton/Palm Beach: 561-962-2785  ... Read Answer

Dear Anonymous:   Generally, all assets accrued and liabilities incurred during the marriage, whether by one party, or jointly (regardless of how an account or asset may be titled) are divided equally.  However, if one party can prove marital waste (i.e. he spent money on another woman) then those liabilities or wasted assets are put back in the marital "pot" for the purposes of what we call equitable distribution.   As to alimony, the basic premise is whether you have a need for alimony and whether your husband has the ability to pay it.  A 9 year marriage  is considered a short term marriage under Florida law, and if a party otherwise qualifies to receive alimony, the recipient can get alimony for a maximum of half the length of the marriage, which, in your case, is 4.5 years.  As to the amount, it really depends on both party's net incomes and a laundry list of other factors that are set forth in  FLorida Statute 61.08.  Here is the link http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html   These are a little too complicated to get into in this answer, particularly when you have not provided any other facts about your specific situation but reviewing the statute may give you more insight. As to child support, Florida has a formula based on the number of children, the net incomes of the parties (and if you receive alimony, that will be added to your net income and deducted from your husband's income) the number of overnights each parent has,  health insurance costs for the children and child care expenses , if any.    In addition, where there are children involved in the divorce the parties must first come up with a parenting plan that encompasses parental responsibilities including, but not limited to timesharing, including holidays, travel and decision-making authority.  One would have to establish the parenting plan and the number of overnights each parent has with the children before  child support can be calculated.  Understand this is an overview of the basic issues that must be resolved in a divorce, and  you could probably get a better understanding of your situation if you  sought a consultation with  counsel and provided the missing facts to that person. I wish you the best of luck.   Cindy S. Vova  Family Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade: 954-316-3496 Boca Raton-Palm Beach: 561-962-2785... Read Answer

Dear Anonymous:       Under Florida law, unless the parties have an agreement, filed with the Court, and, in most instances, ratified by a court order after a hearing, a parent cannot relocate with children more than 50 miles from where that parent was living at the time of the divorce.  So, the short answer is no.         However, Florida Statute 61.13001 provides specific directions as to how a parent can petition the Court to move with the children more than 50 miles.  First, the statute provides that if the parties agree, they can enter into an agreement, have it filed in the Court and, unless one party requests a hearing,the parent may move.      In the absence of an agreement, the statute sets forth specific requirements that must be included in a Supplemental Petition for Relocation.  The petition must be  filed in the Court, and served on the other parent through a process server. Then the parent who is served has 20 days to object to the relocation by filing an objection with the Court.  In the absence of a timely filed objection, the parent who filed the petition may get an order permitting relocation.      If an objection is timely filed then ultimately the matter will be heard by the Court and a judge will make the final decision.   There are 11 factors set forth in the statute that the court must consider in rendering its decision, including the final factor that states "any other factor affecting the best interest of the child or as set forth in Fla. Stat 61.13," which has yet another 20 + factors.    Here is a link to the statute: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html   Read it carefully because it is very specific, and any failure to follow it precisely could result in the court  rejecting the claim, even before considering all of the other factors.   Good luck to you and your wife! Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton: 561-962-2785          ... Read Answer

Dear Anonymous:      If you receive a gift from another individual and no marital assets were used to acquire same, then it is not part of marital property.  This is more particularly true once you have filed for divorce.  However, if there was any residual value in the old vehicle, then that value would still be part of marital assets.  So,  if you were to sell the old car and get $1000.00 for it, then that $1000 would be marital and subject to equitable distribution in the divorce.    I would make sure you can prove that the new vehicle was a gift and that no marital assets were used to acquire it.   Best of   luck.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade-Boca Raton 954-316-3496 -Broward/Miami-Dade 561-9622-2785-Boca Raton... Read Answer

In general, signing the birth certificate as the father is an acknowledgment of paternity. However, different jurisdictions have different rules on this matter. For example, in many jurisdictions, if a woman is married but separated from her husband, and she becomes pregnant by another man, the law may still recognize her husband as the legal father of the child. This is the "presumption of paternity" principle, which holds that a woman's husband is the presumed father of any children born during the marriage. It can make things legally complex when the biological father is someone else. The situation you described is a complex legal issue that could involve both family law (concerning divorce and child custody matters) and paternity law. Disestablishing the presumption of paternity and having the biological father recognized legally could involve a court proceeding and may require DNA tests. To get the most accurate advice for your specific situation, you should reach out to a legal professional who is well-versed in family and paternity law in your jurisdiction. Understanding the specifics of your situation would enable an Anne Arundel County divorce lawyer, or a competent attorney from your jurisdiction, to advise you on the best course of action to take in this case.... Read Answer

Dear Anonymous:   Congratulations on resolving your divorce issues amicably.  However, you do still have to file a petition for dissolution of marriage and appear before a judge for the divorce to become final. If you have no children, you can file for a simplified dissolution of marriage, where both your spouse and you file the petition jointly and appear before the judge jointly. To get started, click on the link below or paste the link into your browser, where you can find the forms to file the petition for simplified dissolution of marriage.  There are also instructions that will guide you through the process. https://www.flcourts.gov/content/download/685807/file_pdf/901a.pdf Best of luck, Cindy S Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade:  954-316-3496 Boca Raton/Palm Beach: 561-962-2785  ... Read Answer

Dear Anonymous: You can file for divorce in Florida, and if you get your wife to file an answer to your petition, then the court will have personal jurisdiction over her.  In short, that means she cannot contest the divorce because she is not living in Florida.  Note, there are exceptions to this, but they are much too complicated to explain in this answer. That means that the Court can grant your divorce.  However,  as to enforcing the settlement agreement that you reference, the Court  might not have subject matter jurisdiction over parts of the settlement.  For example, if the settlement requires that property be sold in Canada, or another state, a Florida judge would not be able to enforce that part of the settlement. Without reviewing the settlement, however,  it would be impossible to determine this. So if you are just looking to get a final judgment of divorce, then yes, you can file in Florida. If your wife and you have already done everything that your settlement required then this should not be a problem. Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/ Miami -Dade: 954-316-3496 Boca Raton: 561-962-2785... Read Answer

Dear Ms. Fleming: Although it has been a long time, if your divorce decree required your ex husband to obtain a life insurance policy and he has not done so, then you can file a motion to compel him to comply with the original agreement and/or motion for contempt, depending on the wording in the divorce decree. Often times insurance policies are used to secure the child support and/or alimony an ex-spouse is to receive.  Depending on the wording in the divorce decree, it is possible that if the policy was to secure child support and/or alimony and the underlying obligation has ended (i.e. your ex no longer has to pay child support or alimony) then  your ex may no longer have an obligation to keep an insurance policy in effect.  You should read over the terms of  your divorce to determine the purpose the policy was to serve in order to determine if he must still keep it in effect.  If the answer is yes, then you can go to court to try to enforce that provision. Best of luck, Cindy S. Vova Law Offices  of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton: 561-962-2785... Read Answer

Dear Ms. Smith: Unfortunately,  Christmas has passed. However, even if your husband leaves the state, you can still have him served in the state where he lives, and, provided he lived with you at one time in Florida, he would (with certain exceptions) be subject to the jurisdiction of the Florida courts.  That means the divorce action can proceed in Florida.  However, you seem to be contemplating pursuing support without obtaining a divorce.  There is a process for doing that as well, and your husband can be served out of state. Depending on how busy a firm is, our firm can usually prepare  a petition for divorce within 10 days or less after the client and attorney meet to discuss the case, and ensure all information is obtained in order to proceed.  You would be well served to discuss your case in more detail  to determine which path (support unconnected with divorce or divorce) would be best for your situation. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami Dade: 954-316-3496 Boca Raton:  561-962-2785... Read Answer

Dear Anonymous:     Lucky for you the answer is no.  Alimony used to be taxable to the recipient spouse, but after overhalls to the federal tax code, commencing in 2019, alimony payments are no longer taxable.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com ... Read Answer

There are two aspects to your question: First,  who is on the deed to the home?  From your question it seems that it is jointly owned. Second:  If you file for divorce, the court will have to determine how the property will be divided.  If the house is awarded to you in the divorce, then most likely you would have to refinance the mortgage to remove your husband's name from the loan.  I have never seen a lender agree to remove one party's name from a loan without doing a new loan. In the interim, keep paying and you may be able to get a credit in the divisio of assets and debtsd for part of the payments you are making.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785... Read Answer

Beacuse you were divorced in Maryland, even though you are now in Florida, Maryland law would apply.   That said, and not knowing Maryland law, I would guess that whether or not you can modify your alimony depends on the specific language in your agreement.  The best thing to do is have the alimony provision reviewed by a Maryland attorney.   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