Florida Divorce Legal Questions

Dear Anonymous:   Once you married your wife (3 years ago) any appreciation in the value of the house, including mortgage paydown and market appreciation, are included in a statutory formula to determine what share of the value of the home is yours.   As to the improvements you made to the home prior to the marriage, you may have a right to assert a claim for an equitable lien against the property.  You would have to be able to prove the value of labor and services you supplied to the home in order to prove up the amount you might be entitled to.  So, if you have receipts, time records, etc. now is the time to get these records together.  There is no guarantee you'd recover for the equitable lien, but surely if you don't  ask for it you definitely won't get it.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton/Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com... Read Answer

Dear Anonymous:    Under Florida law alimony hinges on two main factors: * the need for a party to receive alimony, and * the other party's ability to pay alimony.   So although it appears you have a need for alimony, your husband's ability to pay  depends, in part, on what his monthly expenses are. in addition to what his income is.   You indicated you have not worked for 12 years, but, depending on your age, the Court could impute some income to you (possibly minimum wage depending on your skill set).  Keep in mind, any alimony you would received would be tax free to you,  and your husband would be taxed on the money, so we cannot look at gross income, but have to look at his net, after tax income, which would clearly be less than $80,000.    As to the length of your marriage, under Florida law,you have a long-term marriage, (over 17 years), where there is a presumption of you receiving permanent periodic alimony if there is the ability to pay.   Unfortunately, Florida does not have any tables that spell out an amount of alimony that a party should pay based on income, but rarely, if ever would it be 50% of your husband's net income.  Beyond that giving you a number would be like a surgeon diagnosing a patient over the phone.       As to the home, that is a marital asset.  You are entitled to half the equity in the home, and the court can order it sold and the net proceed split, or one party can buy the other out and pay to that party half of the equity.  Either way the house proceeds are part of equitable distribution, separate and apart from alimony.   I hope this provided you a little insight into the alimony process. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Boca Raton-Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com    ... Read Answer

Dear Ms. Bowman:   Under Florida law, any asset and liability acquired during a marriage becomes marital property. with a few exce[tions. So, regardless of  the fact that the home is in his name alone, it is marital property.  You also have homestead rights to the property as you are still married, and these rights permit you to stay in the property absent a court order or agreement. So even if he tried to sell the house, the closing agent would require you to sign off on the house...which, absent an agreement, I suspect you would not do.      That said, unless there is a settlement agreement wherein you get to keep the home, or an order from a court stating the same thing, you cannort automiatically get the house in your name.   If the marriage is over you should commence a dissolution of marriage action to preserve your rights.    Best of luck, Cindy S Vova Law Offices of Cindy S. Vova Broward-Miami-Dade-Boca Raton 954-316-3496/561-9622785 ... Read Answer

Dear Anonymous:     It is often said that a verbal contract is worth the paper it is written on.  So I would not rely on a verbal agreement.  However, that said, without a full review of the terms of your settlement agreement, it is difficult to give you an answer.  For example, was the non-residential parent supposed to make payments on the house?  If so, that might be a credit  you would receive if and when the house is sold.  However,  you do not say how the proceeds of the sale were to be split.      A defense you might raise is "laches."  This is a  non-statutory remedy that basically says if someone sits on their rights too long (i.e. not forcing the sale for 7 years), and you suffered a detriment as a result, and you changed your position in reliance of the party not requiring the sale,  then the party seeking to enforce the right could be precluded from doing so.    However, this is not a slam-dunk, as a court may also say that you would get a windfall by being allowed to keep the home.  Again,  a careful review of the original agreement, coupled with what has occured over these 7 years would be necessary to determine if you might be able to preclude the sale.   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

Dear Mr. Scampton:         In order to obtain a divorce in Florida either your wife or you must have been living in the state for at least 6 months prior to filing the petition for dissolution.  You do not say where your wife has been living.  However, if you have both been in the DR for two years, you cannot file in Florida.  I hope this answers your question.   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

 Under FLorida law a subpoena is a legal document that requires you to appear or you could potentially face charges of being in contempt of court.  However, that said, if you feel that you should not be required to appear you can file a Motion for Protective Order in advance of the date you are supposed to appear for the deposition.  You would hae to state why you believe you should not be legally required to appear and then ask the Court for a hearing on the Protective Order.   The Court can then either grant your motion and you would not have to appear, or deny the motion and require you to appear.  As an aside, I suspect your are being subpoenaed to see if you know of any money your boyfriend is making and to see if you are supporting him in any way in the interim because that support could be imputed as income to him for the purposes of alimony.   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

Dear Anonymous:        In the state of Florida, alimony is based on the need of one spouse to have support as well as the ability of the other spouse to pay support.  That is the basic premise.  Accordingly, it is unlikely, and I would think impossible for a spouse that earns more to get alimony from the lower earning spouse.  Of course, each case is based on the specific facts of the parties to that divorce.  If, just  as an example, the husband earned less in wages, but had investments that earned substantial income, well over the wife's income, then that might be a consideration for the wife to be an alimony candidate.      Unfortunately, lots of threats are made when parties divorce....many of them just threats and not substantiated by law.   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

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

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

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

Dear Ms. Waterman:   Knowing about "sociopaths" goes hand-in-hand with being a matrimonial and family law attorney, which I have been for over three decades.  It is unfortunate when marriages, especially those that are short term, have to end with such acrimony.     I don't know if your friend has an attorney at present, but it sounds like she at least needs a consultation and some guidance once she can advise an attorney of more facts surrounding her particular case.    It is nice of you to look out for your friend!   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Palm Beach/Miami-Dade 954-316-3496/ 561-962-2785... Read Answer

You should not file a simplified dissolution and file a Petition for Dissolution of Marriage without Children. He can then sign a waiver of service, sign all of the required documents and you could appear alone at the final hearing. Not a problem, it can be done easily, but not quite as easy as a simplified dissolution. I hope this helps. Good luck!... Read Answer

Dear Ms. Avery:        Based on the length of your marriage, under Florida Law you may receive permanent periodic alimony.  That is a sum paid monthly by a former spouse indefinitely unless you remarry, either party dies or there is a substantial change in circumstances, or you have a substantial supportive relatinship with another individual that would allow either party to attempt to modify or terminate the alimony.      Alimony in Florida is based on need of one spouse and ability to pay of the other spouse.  Although it seems that you have a need, your husband's ability to pay (and how much) becomes the issues that a court must decide.  The court must also decide your needs and whether you have the ability to earn any money on your own to reduce the amount needed for alimony.     So, yes, you do have a legal remedy to pursue alimony.  You are also, generally,  entitled to equitable distribution of the marital assets and debts.     If you are served with divorce papers, it would likely benefit you to at least have a consultation with an attorney who could review your case and help you move forward.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward, Boca Raton and Miami-Dade 954-316-3496/561-962-2785  ... Read Answer

If your husband was legally married to someone else when he married you, your marriage may not be valid. To have the status of the marriage legally determined by the court, you should seek an annulment.  You could request the name change as part of that proceeding or request a name change outside of that proceeding if you do not file for an annulment.... Read Answer

If your husband accrued any of the retirement benefits during your 5 year marriage, you may be entitled to a portion of the pension.  For example, if your husband worked for a company for 15 years prior to the marriage and 5 years during the marriage, then 1/4 of the retirement benefits will be "marital". You may be entitled to 1/2 of the "marital" portion.      ... Read Answer

Dear Anonymous:     Until a divorce is filed, you can dispose of property.  However, by the nature of your question it appears the sale may be viewed as a thinly veiled attempt to  divert marital assets, especially if you intend to keep the truck but just have it under your daughter's name, or you "gift" it to her.     If, however, she pays you fair market value for it then there should be no issue.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.... Read Answer

Dear Anonymous:     You will  have to check with the requirements of Trinidad and Tobago.   In the United States, typically it does not matter where one married, but it does matter where one is living at thte time of the filing of the divorce.  Some states, and probably countries, have a residency requirement where a person must live in that jurisdiction for a certain period of time before filing. For example, in Florida you must live in the state 6 months before filing a divorce petition.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.  ... Read Answer

Dear Anonymous:      You can file for divorce in Florida to simply just get the legal divorce (without division of property, and assuming no children) once you have resided in this state for over 6 months.  If you cannot find your husband you can do an affidavit of diligent search,  and here is a link to that form which explains how to do this.   https://www.flcourts.org/content/download/403106/file/913b.pdf      Thereafter, after the legal notice is published, you will be able to get your divorce.      Hope this helps.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.       ... Read Answer

Dear Mr. Pough:      Congratulations!  You are on the right path in trying to amicably work matters out in your divorce.  However, the devil is always in the detail.  It seems like you both agree on the essential terms.  It might be beneficial if you go to mediation without counsel, have an agreement drawn up and then you both take it to separate lawyers to have it reviewed before you sign same.   Remember, you don't want to be "penny wise and pound foolish" as the expression goes. And once it is signed, you typically cannot  then argue that you want to change it because you didn't get advice before signing it.      The mediator is not permitted to give legal advice, and I always think it is important for a person to know what the law says about all aspects of a settlement so an individual can determine if they are still comfortable with the agreement. Also, when it comes to division of  retirement accounts, that sometimes gets a bit tricky to effectuate what you intend to do to make it legally binding, and in those cases an attorney's advice  is certainly helpful.   Best of luck, Cindy S. Vova, Law Offices of Cindy S. Vova, P.A.  ... Read Answer

Dear Anonymous:         Typically, one who is obtaining an interest in real property does not sign the deed.  Signing a deed usually means that the signer is conveying her interest in the property to someone else.  It is possible that the closing agent/title company wanted you to sign the deed so that you did not try to claim any interest in the property in the future since you were (I believe) living in the property.  However, without actually seeing the deed I cannot tell what documents you have signed or in what capacity (grantor or grantee).          Hopefully you did not sign a note and mortgage, as the note would make you liable for payment of the note/mortgage.   I suggest you look at the documents carefully to see in what capacity you signed.         However, if the deed reads that you are a "grantee"then you would own an interest in the property.         I hope this helps!   Best wishes, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.      ... Read Answer

Good morning, Trisha:   I am assuming that you had a settlement agreement and that the judge entered the divorce based on the settlement agreement?  A failure to initial one page should not void the divorce.  However, it could create a problem with enforcing the settlement, if one party states that they did not see that particular page.  The best thing to do is ask the other party to initial it and refile with the Court the fully initialed copy with the Court. If the party will not initial you can have a hearing before the Court and ask the Court to have it initialed.  Usually when a page is not initialed it is because someone just missed it.  So it is better to get it fixed now than wait until a potential problem occurs. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward-Miami-Dade- Boca Raton ... Read Answer