Florida Divorce Legal Questions

There is no law requiring you to hire a lawyer.  There is no law requiring you to go to a doctor either.  However, you go to a doctor when you are ill for that person's expertise.  That's why you would go to an attorney for a divorce.  At the very least, you should have a consultation with an attorney to gt an idea of your rights and responsibilities.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com... Read Answer

  If your husband and you last lived together in Florida in an intact marriage, then your husband may file the petition for divorce here.  You both can come up with a settlement agreement.  There are Florida forms on-line that can assist you with this, including a simple settlement agreement and the petition for divorce.  If he follows the instructions he may be able to do this himself.    Of course your cooperation is needed, but you will not have to come to Florida if you work this out.   Best of luck, Cindy Vova  Law Office of Cindy S. Vova, P.A. 8551 WestSunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com... Read Answer

  You may think there are no assets, but perhaps there are some assets.  For example, did the husband have any type of retirement account through his employment?  Also, she may be entitled to some of the appreciation on the value of the home, even though the husband owned it before marriage.  There is a formula used (referred to as the Kaa case) to determine just how much of the equity of the home she may be entitled to receive. Also, she may be entitled to alimony, which is based on need and ability to pay, and if they have children together, and she earns less than him, child support as well. The devil in calculating all of these is in the detail.  SHe should as least get a consultation with an attorney to know her rights.   Best of luck to her. Cindy Vova Law Office of CIndy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com    ... Read Answer

If you have children together, this will negatively effect her regarding the “custody” decision. If you live together in a residence right now, she is not allowed to come back to that residence if the injunction is still in place. Otherwise, it doesn’t really have any material effect on the division of assets. It does make her look pretty bad in front of the Judge.  See helpful forms below. http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/family-law-forms.stml Best of Luck, Helena Y. Farber, Esq. / hyf@farberlawpa.com  ... Read Answer

Retaining a lawyer is almost always a good investment in a divorce-although one lawyer can not represent both of you at once. Some clerks of court offices have helping sessions with volunteer law students, who can help you fill out forms. In states where use of forms in encouraged, the two of you might well be able to file a joint petition on your own.... Read Answer

FL recognizes marriages from other countries. If you only want to obtain a divorce and no other affirmative relief like child support or alimony, you can get divorced in FL. You must be a resident of the state of FL for 6 months prior to filing for divorce. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

If you are in fear for your safety due to the Husband’s behavior you can file a domestic violence injunction. See link below. http://www.flcourts.org/core/fileparse.php/539/urlt/980a.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

If the parties are in agreement as to what you are proposing, yes you can include in the marital settlement agreement. The Agreement must be signed by both parties, filed with the court, and ratified by the judge. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

First, I do not believe this matter has been with an attorney for 4 years and the divorce is not yet been filed. If that is the case, she needs to get another attorney, ASAP, and file a Complaint with the Bar Association against her current attorney. In reality, I suspect there may be something going on which she has not discussed with you.... Read Answer