Florida Divorce Legal Questions

Replenishment of the trust account is mandated by the retainer agreement you signed, in order to maintain a specific amount in your trust account. Most attorneys work by the hour, using the remaining balance in your trust account. A new attorney can be hired and your divorce case transferred easily, should you deem the delays unreasonable. Consult with another attorney to assess a working relationship.... Read Answer

  Mr. Egge:  You don't indicate if you are already divorced, but nonetheless, once an agreement is executed, and both parties are aware of their respective financial situations at the time, (by discovery) a division of property (your ESOP) cannot be changed.  Had you, instead, agreed to alimony, (depending on the type of alimony) you might have been able to go back to court and modify it because of a change in circumstances (i.e.) the loss of your job.  Typically alimony and child support can be modified because of an unanticipated change in circumstances, but a division of assets and liabilities cannot.    That said, if your ex wife agrees to accept alimony and agrees to change the ESOP to 50/50 then the changes can be made by agreement.  Of course, this would need to be ratified by the Court so the change is enforeable.     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... Read Answer

Dear Ms. Herbert:      Whether you can get alimony or not depends on what the prenuptial agreement says.  There may be a provision in the agreement that provides for you  to get a lump sum payment, or a certain amount for each year of marriage or, possibly, nothing at all.  However, in most instances prenuptial agreements provide for a waiver of alimony.  There are many reasons for same, but one of the most glaring is that alimony is subject to modification.  When parties do a prenuptial agreement it  sets out what everyone's rights and obligations will be upon divorce, and leaves little up for interpretation or controversy.  WIth an alimony provision, things might not be as clear depending on the circumstances at the time of a divorce.    Before signing such an agreement it is a good idea to have a family law attorney review it for you so you will know exactly what you are signing, and what you may be giving up if the marriage does not work out.  A side note, prenuptial agreements often also discuss what happens if you stay married happily ever after and then the first spouse dies.   You could unwittingly waive some valuable rights without proper advice.  If you are going to sign a prenuptial agreement please have  an attorney look at it first.      Best Wishes, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-96-2785  ... Read Answer

You state that you need to get copies of text messages, but you do not say why. If it is because you want to get a divorce, you don’t need them. As Florida is a no-fault divorce state, you do not have to prove that your husband is cheating on you in order to get a divorce. Furthermore, even if you were to prove that he cheated on you, it would not get you anything more than you would otherwise get had he not been cheating on you. That is to say, one does not get anything additional going through a divorce because our spouse cheated on us. I hope this helps. It is very difficult to accept that your spouse of 40 years is cheating on you, I wish you well.... Read Answer

Hello, I am sorry for what you are going through. Since the house is under both you and your husbands name, the house is subject to something called  "equitable distribution". This means that if the house was bought during the marriage, it is a marital asset and the proceeds of the sale of the home will be divided between the both of you. However, you could try to reach a different arrangement via a marital settlement agreement if you do not want to sell your home.  Also, depending on how many years you were married, you may be eligible for alimony especially given the fact you suffer from Lupus. There are several other facts a divorce attorney would need to know such as whether the marital home has any equity, if the home is subject to a mortgage, whether there were any children born or adopted into the marriage, what other assets and liabilites were incurred during the marriage, and whether or not there is a prenuptial agreement. ... Read Answer

      To answer your question, the only way to "reverse" or what we would call "modify" the settlement agreement is if 1) it was entered into under fraud or durress, which is a hard burden to prove, and you ask the court to modify the agreement, or 2) if the parties agree to modify it then they can submit a modification to the court.   That said, when was your ex husband supposed to start paying you the $800.00 per month? It would depend on the wording of the agreement so if he was supposed to pay you even before you moved out,  then you could file a motion to hold him in contempt, and in turn, he'd probably file a motion against you. That really doesn't help anyone.  Here's what you and he should do.  If it takes you $2400 to move out, that's 3 months of payments.  Tell him you need those three months of payments and then you'll leave.  He will still owe you a continuing amount, but you can address that later. He cannot simply throw you into the street, but before things escalate like that, try working out this final matter so both of you can go on with your lives and both of you can honor the agreement you made.   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 Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com ... Read Answer

Ms. Mills: You can start by filling out and then filing in the County Court where your divorce was finalized, a Motion for Contempt.  THe link below will take you to the form. https://www.flcourts.org/content/download/403205/3457564/960.pdf   Then I suggest you contact the clerk of the court and find out how to go about setting a hearing with the Judge who is preciding over your case.  Each county is a little different, so the clerk or the judge's assistant will be your best help.  Also, some county's have self- help divisions, where court staff can help you with some simple questions about getting a hearing and noticing the opposig party.   Hopefully, this information will get you on the right track.   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

  The fact that you have moved does not prohibit your receipt of alimony and child support.  Have you been served with divorce papers?  If so, you will need to respond to same.  Since you say he filed in Florida, and you are abroad, it would make sense for you to hire a Florida attorney in the county in which he filed the divorce to represent your interest and the interest of your son.   Child support is based, in part, on the respective incomes of the parties, health insurance costs, child care costs and then number of overnights each parent has with the child.  This is part of what is discovered during the divorce process by exchange of documents.   Alimony is based on the ability of one party to pay alimony and the need of the other party to receive it.  As such, the same information (and some additional too) is used by a court to determine entitlement first, and then, if there is an entitlement, the ability of the party to pay and how much.  Typically, in a 9 year marriage (absent extenuating circumstances) the law provides alimony can be paid for a maximum of 9 years.  However, often times the courts set a much lesser time.    I hope this helps you.   Best wishes, 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

I do not know what "papers" your husband has, but unless he's been served with a petition, the proceedings have not really started.  You need to have a process server or sheriff bring him the papers.  Perhaps court intake can assist.  If he  has filed and not served you, typically you can look up the case on line and then answer without being served.   You can also ask the court to go to mediation to hopefully come to an amicable resolution of your case.  It is a bit too complicated to explain each aspect of moving the case forward once you are served or voluntarily answer the petition, but again you may get assistance fro legal aid or the clerk of the court.   Best of luck, 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

 Well, under Florida law, it is presumed that while you are married, that the husband is the father of any child born during the marriage.  In order to overcome that burden, in addition to filing an uncontested petition for dissolution of marriage, there must also be a petition included to disestablish paternity.  I have included a link below that will allow you to view Florida Family Law Forms, including the Petition for dissolution of marriage and Disestablishment of paternity.  The clerk of court in the county you live may have a self-help center to assist you with filling out the forms and getting a hearing set if you need help. https://www.flcourts.org/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Self-Help-Information/Family-Law-Forms   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

  I am sorry you are going through this situation.  If you divorce, there are two main matters the court must decide.  First, the equitable distribution of your assets and liabilities, and second, whether the Court will award your husband alimony, and if so how much.  Alimony is based on the need of one party to  receive it, AND the ability of the other party to pay it.  Although your husband may need alimony, you may not have the ability to pay it and meet your own needs.  Florida does not have a formula for alimony so it is impossible to answer your question.  However, typically if you consult with a famiily law attorney that attorney, once you provide more facts, may be able to give you a range of possible alimony amounts, if any.   Best of luck, Cindy S. Vova LAW OFFICES OF CINDY S. VOVA, P.A. BROWARD/BOCA RATON 954-316-3496/561-962-2785... Read Answer