Florida Divorce Legal Questions

 This is a little complicated.  I am not sure how you are trying to get the case dismissed, but if you have filed the proper motions, there will need to be a hearing on the motion to dismiss.  And that most likely will require your attendance.  (There are some exceptions, but too involved to get into here).  As to the Order of Referral to Mediation, you could file a Motion to Postpone Mediation and state in your motioin that  you have a Motion to Dismiss  pending, and that motion should be disposed of before you go to mediation.  Send a copy to the family mediation unit and contact the judge's case manager about setting this for hearing. Candidly, because of the numerous procedural and jurisdictional issue involved in your case, you should seek out an attorney for a consultation, at the minimum.    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

Dear Anonymous:      I assume that  you are not divorced, so it is still your "spouse" not "ex" who filed. However, for your sake, hopefully he/she will be an "ex" soon.    I also assume that you filed the petition for dissolution in Florida since a counterpetition is a response to that petition.      A counterpetition may be served by mail in Florida (if you are unreprsented or your spouse is unrepresented) provided that the parties have not agreed to e-service.  I am not sure how you know a counterpetition was filed if you've not received it.  However, a counterpetition is due 20 days from when the petition was served on the other party.  So, if you know when the spouse was served, count 20 days and an answer should have been served and delivered to you along with a counterpetition.  If no answer, you can move for a default with the court.  I'd check the court on-line docket- if available in your county, because sometimes people "forget" to send a copy to the other party and just file with the court.      I hope this helps.   Best regards, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785      ... Read Answer

 Dear Anonymous:    You do not stte whether or not you have received the settlement, but you seem to indicate that you have done so.  If the settlement indicates that it was for your injuries only, and there was no lost wages or loss of contortium claim from your spouse, AND the funds were not comingled in a joint account, then you should be able to make a case  for retaining these funds.    If you have an attorney, I am sure that attorney can find cases to support your position,m because that is why you are paying the attorney.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward: 954-316-3496 Boca Raton:  561-962-2782  ... Read Answer

     Typically, when parties are married and one spouse is injured, the other spouse may have a claim for what is commonly called a "loss of consortium."  That is a rather broad term and encompasses losses the spouse may have had as a result of  the injuries of the other spouse, including: loss of companionship, loss of household services provided by the injured spouse; loss of income, both of the injured spouse, and opf the other spouse who may have taken care of the injured spouse, and a host of other claims.  Of course, in your instance, those wouldlikely  be limited to the time frame from the time of the accident until your separation.    It also depends on how the settlement (if, in fact there is a settlement) or the verdict (if there is a trial) is worded.  You should ask your medical malpractice attorney to consult with a qualified family law attorney in your area to best work of this together.   Best  of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.... Read Answer

   You have many rights.  The first is the right to stay in your marital home.  Your husband cannot "make" you return to your parents' home.  If he is threatening to harm you or has harmed you, you can go to your county courthouse and obtain a temporary injunction for protection against domestic violence. There should be a clerk at the courthouse who assist you in filling out the papers and filing them.  If, after you read this there are additional incidents where he actually threatens you and/or  touches you in any way that  was uninvited, or prohibits you from leaving a room, or retains you in any way, you should immediately call the police and get out of harm's way until the police arrive.  Then you should go to the courthouse and obtain the temporary civil injunction.   If the judge grants the injunction, it may require that your husband leave the home.    However, it does sound like you are heading for a divorce.  Under these circumstances, you should consult with an attorney regarding your legal rights when getting divorced, including those involving your children, which depends on your specific facts and circumstances and is beyond the scope of this answer in this forum.  There may be legal aid in your county who can provide an attorney to assist you if you have no funds or perhaps a relative can help you with fees if you do not qualify for legal aid.   Best of luck, Cindy S. Vova, Law Offices of Cindy S. Vova, P.A. ... Read Answer

Dear Anonymous:     Time passes very slowly in court proceedings.  However, if you do not agree to the extension, and he has not filed the extension with the court, you can advise him, in writing, that you do not agree and then you can file a Motion For Default for not filing an answer, and a Motion to Compel response to interrogatories if he has not provided the answers to interrogatories.  You can check on line for Florida Divorce help forms    If he file a motion for extension to file an answer (which is really called a Motion for Enlargement of Time) then you should request a hearing on his motion and then the judge will give him a certain amount of days to file his answer.    You will need to check the specific procedures of the judge on your case to determine how to get a hearing date on these motions.  Many counties have this information on line so you should be able to find it there, or at least find a phone number to call the judge's assistant and ask how to set a hearing and get a date.    Good 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

Not sure how long your marriage is to your wife and her current employment situation. Sounds like your unable to work and will receive benefits. You will need to have your military retirement pay calculated for her percentage, if any. Also, you will neee to value your tsp as well. Hope this helps. Chris Ragano,Esq. ... Read Answer

Dear Anonymous:    You are still legally married.  Under Florida law, which will likely apply, the date of filing the petition for dissolution of marriage  is the starting point for determining marital and non-marital assets and liabilities.  In a nutshell, this means that the assets and liabilities both your spouse and you acquired after separation could still be considered for the purposes of determining the marital  estate.      So, you should file  for divorce now, because this will keep goin gforward without that legal declaration that you are divorced.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2795  ... Read Answer

There are several issues you have going on with your case. The division of the marital assests, including the business, are typically valued on the date you file for divorce or a valid separation agreement. Thus, when you decide to file, that is the valuation date. Since you have been separated for 5 years, your alimony claim is now much weaker than if you and he were still living together. The court will assume you have been paying your expenses with minimal support from him. The alimony is controlled by 61.08 and will need more information to answer this question. Hope this helps. Chris Ragano, Esq.... Read Answer

   In a divorce action, any business owned by either one or both of the parties, that was formed during the marriage, is a marital asset.  As such, it is subject to being divided by the court.  The starting place for this division (equitable distribution) is a 50-50 split, although there are a number of factors that can tilt the scales to something other than 50-50.   That being said, the court will need to have a value placed on the business, which is usually done by an expert business valuator.  If the business consists of the personal good will of one or both of you, then that "personal good will" is not subject to being divided, and it will decrease the value of the business in the eyes of the court.     Even if the business has value to be divided, it is possible that you could retain other assets in the marriage in exchange for your wife keeping the business.    So, as in most cases, you have to look at all the assets and liabilities of the marriage, but, standing alone, it is unlikely she can just keep the business if you can prove the value if that asset.     I hope this helps! Good luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

Very common question - the simple answer is that since you are on the Deed, you have the same rights as does she to to stay in the house. Neither she nor the police can make you leave. She can (as well as you) file a Petition for Dissolution and ask the Court for "temporary exclusive use and possession." This will require a hearing with the Court. Most likley, the person that has the greater financial ability will be required to leave. Then, the ousted spouse can ask for 1/2 the montlhy fair market rental value at mediation or in Court... Read Answer

Dear Anonymous:     Although Florida  Statute 61.08(1) says that the court may consider adultery in an alimony determination, as a practical matter, unless the adulterous spouse has "squandered marital assets" on his/her paramour, usually the Courts do not give that issue great weight.  Because there are no real guidelines for alimony in Florida statutes, it is difficult to really determine how much, if any, weight the courts will give this.  Depending on the judge, they may not even want to hear about it.  Nonetheless, since you've gone through the effort it doesn't hurt to try and introduce this, but it would be better if the report indicates he is using marital monies on this woman.   Sorry that I couldn't give you a more positive response.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785 info@vovalaw.com    ... Read Answer

Dear Anonymous: In Florida the only grounds you need to get a divorce is that the marriage is "irretrievably broken."  Sounds like you meet that criteria. So you can proceed with a divorce. Good luck to you.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A.  Broward/Boca Raton 954-316-3496 info@vovalaw.com... Read Answer

Florida has a residence requirement whereby at least one of the parteis must live in the state for at least 6 months prior to filing for divorfce. Unfortunately, since neither your wife nor you have lived in Florida for at least 6 months  you cannot file for divorce in this state.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-496 info@vovalaw.com ... Read Answer

    There are forms you can use to file for a divorce, and these forms provide pretty detailed instructions. Here's a link to get you started: https://www.flcourts.org/core/fileparse.php/533/urlt/947a.pdf However, what you communicated in your question begs for more advice than just filling out forms to get divorced, especially since you have children involved.  Do you want your husband to get timesharing and have the children  when he is, from your email, suicidal?  I am sure the answer is no.  Therefore, see if you qualify for legal aid in your county.  You should be able to do an internet search to find the legal aid office for your community.  At the very least, get a consultation with an attorney.  In your haste to terminate the relationship you may agree to things that really would not be beneficial to you or the children, and which might not be modifiable in the future. 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

Dear Anonymous:    No, not only do you not have to file your divorce in Miami, but you cannot file the divorce in Florida.  Florida law requires that at least one of the parties must have resided in Florida for at least 6 months prior to filing for divorce.   Although I am not familiary with Canadian law, I suggest you contact an attorney in the province where you currently reside for guidance in filing for divorce there.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785 info@vovalaw.com... Read Answer

  In order to file an action for divorce in Florida either the husband or wife (or both) must have resided in Florida for 6 months prior to filing the dissolution action.  You say you have been separated from your husband a "about" 20 years.  So, I am presuming that you have lived in Florida for at lesat the last 6 months.  So, the problem becomes whether the Florida court has jurisdiction over your husband, who apparently does not live in Florida nor has   he ever lived here with you. Do you even know where he is currently living?  You will have to get him served, either personally or through publication.  The Court may be able to actually divorce you, but the court cannot adjudicate any property rights, division of assets and liabilities, equitable distribution, alimony or child issues.  Of course, these may not be issues for you so divorcing here and getting the divorce alone may be all you need.  I would urge you to check with a marital and family law attorney who could review more specific facts of your case and advise you accordingly. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward County:954-316-3496  Boca Raton: 561-962-2785 info@vovalaw.com... Read Answer

    Dear Anonymous:        In order to file a petition for divorce in the state of Florida, at least one of the parties must be a resident of the state for at least six months prior to filing the petition.  Even in that instance, there still remains issues of where the parties' property and children are located.  If the wife lives in Florida it is possible to file here.     Best wishes, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward:  954-316-3496 Boca Raton:  561-962-2785 info@VOVALAW.COM  ... Read Answer

A financial affidavit is self contained.  They may be referring to mandatory disclosure which contains a list of documents that must me provided.  This obligation is reciprocal and includes pay stubs, bank statements, tax returns, credit card statements, etc.  Look up family rule 12.285 to see a complete expanation.... Read Answer

During a marriage, when two spouses acquire retirement accounts or even salary, each spouse owns 50% of those funds. A court can have him give you half of the account but in another way, i.e. a cash buyout.  Each retirement is different. I would contact the retirement provider and ask regarding his withdrawal of funds without your agreement. ... Read Answer

It depends on what assets you are trying to protect. If it is a bank account that he is trying to spend, you can request a protective order from the Court and freeze the account. You can move funds from an account, but you will need to be able to show where the money went. If you acquired the money during the marriage, it is considered 1/2 yours and 1/2 your spouse's.  If your Court has a pretrial standing order, refer to it for more guidance. ... Read Answer