Florida Divorce Legal Questions

Dear Anonymous: Typically one has to live in Florida at least 6 months prior to filing for divorce. You do not state why you are overseas, but if you are in the military you can contact an attorney in Florida, and if you have maintained Florida as your domicile and your spouse lives  in Florida then the case can proceed here. Jurisdiction (where a case is filed) can be tricky so one would really need more facts.  You don't way why you want to file in Florida, as that would have a bearing as well. Unfortunately, that is the best I can provide with the information supplied.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A.      ... Read Answer

   Dear Ms. Reed:       I am sorry your divorce is going on so long.  I am assuming that the vacant lot is a marital asset.  As such, you are jointly responsible for the real estate taxes on the lot. You could file a motion to compel him to pay 50% of the taxes at this time in order to preserve a marital asset.  If it is not cost effective to go to court at the moment (not knowing your finances) and if you want to avoid losing the property  to the county (or paying a lot more than the taxes to get it back) then you need to pay the taxes now, and add that to monies your husband owes later.       ... Read Answer

  He can ask for anything he wants.  Getting it is another story.  Alimony is based, in large part, on one's need to receive it and the other's ability to pay.  Since your income is modest, and since your marriage was short, it is unlikely he will be successful with his request.   Best of luck, Cindy S. Vova LAw Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785... Read Answer

  Dear Ms. Keyser:       You can get a divorce from your husband.  You would have to serve him with divorce papers via publication in a newspper.  This is permitted once you file an affidavit with the court stating you made a diligent search and inquiry into his whereabouts and you are unable to find him.  There are  forms available on line from the Florida Supreme Court that may help with this.        Presumably he will not answer the published petition.  You will then need to obtain a default against him and then a Final Judgmetn of Divorce.  Since he will not be personally served, and since he probably does not have any "contacts" with Florida, the court can divorce you, but can make no determination of property rights.    However, once the divorce is final, you should be able to purchase a house in your name alone without him being able to make any claims to it.  That should satisfy the lender.   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... Read Answer

 Dear Anonymous:      In order to modify alimony the party seeking to do so must plead and prove that there has been a substantial change in circumstances, not contemplated at the time of the judgment awarding the alimony, that is involuntary and permanent in nature.  Unfortunately, you are not able to monitor what your ex does with the alimony.  If, however, she is able to invest in stocks because she has more income (besides your alimony) than she had at the time of divorce, then that may be partial grounds to modify.  You have to meet all the conditions stated above to prove your case.   Best of luck to you. 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

Dear Ms. Foster:         I am not clear on your question-  but I am assuming that your current spouse was required to maintain a life insurance policy on his life for the benefit of his ex wife?  Clearly you would not have the responsibility to pay the premium.  However, there may be  provisions in the agreement of divorce that allows for the policy limits to shrink over time, or other provisions that could be invoked to petition the Court to limit or terminate this.  You should have a legal professional review the original divorce decree and see if there is a way to modify this.  It is possible that if the policy lapses and your spouse dies that the former wife could have a claim against his estate.  Best  of luck to you, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/5610962-2785  ... Read Answer

Dear Anonymous:     I am assuming your ex husband is on the title to the car with you?  He simply needs to sign on the back of the Florida title where it is indicated "seller" and that should work.  However, you may want to confirm this with the dealer before you have your ex sign the title.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2786 info@vovalaw.com ... Read Answer

 Here's a site to find forms:  https://www.flcourts.org/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Forms  Keep in mind, however, that just filling out the paperwork neither completes the divorce nor helps you fully understand your legal rights and remedies, especially if you have children. Although these are a good start, you might want to at least have a consultation with a family law attorney who should definitely be able to steer you in the right direction.   Best of luck to you. Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com... Read Answer

If you have lived here for 6 months, you can file for divorce. Since you don't know where he is, you will have to publish the divorce for 4 weeks in  a newspaper that is in the last known address for him. It is called service by publication.  After the publication has ended, the newspaper will give you verification that you would then file with the Court. The Court can enter a default and set a final hearing. This process is in my opinion much harder for an unrepresented party to complete. I highly suggest hiring an attorney to handle for you. Best of Luck. ... Read Answer

The best advice I can give you is to hire a reputable attorney to get him divorced. The facts demand that the divurce take place in Brevard County. The spouse does not have to appear, unless of course, they filed a Simple Dissolution Marriage. Again, hire an attorney and it will get done. Good luck!... Read Answer

Good morning. Yes, if the Former Wife is remarried and/or cohabitation alimony should cease. This is unless there was some other provision to the contrary in their Final Agreement.   You would still need to file a Supplemental Petition to stop all alimony.Although, I would like to review the Final Judgment to verify.   Thank you and stay safe!   Jodie Bassichis, Esquire jbassichislaw@gmail.com (954) 954-963-7300... Read Answer

Dear Anonymous:   It depends.  Your offer seems more than generous, as a court would typicallly start with equally dividing the assets and liabilities.  That said, since you were the main support for a long time, the Court could impute income to you, at least for a few more years.   You are not quite yet at what the court would consider retirement age. The courts typically use the age you would collect full social security.  Of course there are always exceptions based on your specific situation.       It may even make sense to pay some alimony for a limited period of time and keep more of your assets.  This is a situation where strategizing with an attorney might make sense before making your wife a final offer. Best of luck, Cindy S. Vova The Family Law Offices of Cindy S. Vova Broward/Boca Raton/Miami-Dade 954-316-3496/561-962-2785  ... Read Answer

Dear Anonymous:      Good question, and yes.  If your ex's inheritance can generate income that would compensate for some (or all) of the alimony you are currently paying then that would be a substantial, unanticipated change in circumstances that would justify a modification petition.     There are many cases that stand for the proposition that when an individual has an assets that could generate income, whether or not they chose to invest it in such a manner, the court can impute a reasonable rate of return that the asset could generate.  A "reasonable rate of return" may be up for interpretation, especially with the current market fiasco, but it would clearly be more than zero.   Best of luck. Cindy S. Vova The Family 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:      You say your name is on the deed to a home you owned with your ex wife.  What does the marital settlement agreement/final judgment from that divorce say?  Was the property to remain yours or was a deed just never done?  Who has lived there?  Did you make any payments towards the home since your original divorce or otherwise contribute to it since you remarried?     So, the home would be a non-marital asset, meaning your current wife would, as a starting point, not be entitled to it.  However, if marital funds or effort on your part went into this home, then she could possibly have a claim to it.    However, if your name simply remained on the deed over these last 20 years, she likely will not have a claim. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/962-2785... Read Answer

Once a Final Judgment of Dissolution has been entered, and a significant change in financial position has occurred, a modification case can be filed. If a Final Judgment has not yet been entered, an Amended Petition can be filed with the Court.  Separately, you may consider filing a Temporary Injunction, if you are in fear of the opposing party.... Read Answer