Florida Divorce Legal Questions

If you buy anything during the marriage with money that you recieved during the marriage or from a joint account, you and your husband are joint owners. It doesn' t matter if his name is on the deed or the note. It is considered a marital debt (the mortgage) and a marital asset, (the house.)   If you divorce, it is a marital asset. He can refuse to sell but you can petition to partition the house. ... Read Answer

A couple who have been married for more than 17 years are deemed to be in a long term marriage. If there is a disparity in their incomes, the one who has less and hence a need for the other party ton contribute to their needs can be required to do so. The Court must find that the paying party has the ability to do so. Since we are in a no-fault state you won't have to prove his infedelity. Alimony is your case is presumed to be payable. ... Read Answer

Two people who are married, remain married until a Judge signs a Final Judgment of Dissolution or one othe spouses die. There is no time frame where it automatically happens. The Constitution of Florida recognizes that a marriage is one that the State should not interfere unless and until a Petition for Dissolution of Marriage is filed. ... Read Answer

There is no formula for alimony in Florida, so this is an impossible question to answer.  Further, to even get an idea of what you would pay would require additional information including your income, your wife's last level of income and how long ago that was, how old each of you are, and many other factors, including the length of the marriage. Similarly, in order to calculate child support first requires a determination of alimony because whatever you give your wife in alimony adds to her income and reduces yours.  Child support is based on net income after that. It is also based on the number of overnights each parent has with the children, who pays health insurance and how much, and child care/after care costs. The attached link gives you the form to calculate child suppot and mmay give you some idea of the amount you would have to pay. http://www.flcourts.org/core/fileparse.php/293/urlt/902e.pdf However, you would most likely benefit from having a consultation with an attorney in advance of entering into any negotiations with your wife. 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

   If your wife and you agree that this marriage should not continue, then you can jointly file a Simplified Dissolution of Marriage  Petition.  This is a link that includes the directions as to when this form can be used and what to do with it.   http://www.flcourts.org/core/fileparse.php/533/urlt/901a.pdf If your wife does not agree to the divorce, you can still file a Petition for Dissolution of Marriage.  This is a link to a self help website that will give you guidance.  http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/family-law-forms.stml954-316-3496 Since you have been married less than a month, hopefully this will go easily for you. 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

   As long as you have lived in Florida for more than 6 months you can file for divorce.  There is a method to publish in a local paper to "serve" your spouse, after you have filed an affidavit that you do not know his whereabouts.     The court can grant you a divorce, but cannot make any determinations regarding any  property you own, any alimony or child issues (though I do not think you have a child with him).     Hope this helps!   Good 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:       Not knowing what you signed, this is difficult to answer.  If your husband approached you and had you sign something that is supposed to be a settlement of all issues involved in a divorce, then the next question becomes: was there full and complete financial disclosure between both of you before you signed the agreement?       Absent full financial disclosure, a court will typically not enforce a settlement agreement.  In addition, if you were truly coerced, threated or  impaired in some manner so that youo were unable to make clear decisions, the court can also decline to enforce an agreement.       Of course, your questions does not even indicate if there was a pending divorce action at the time the document was signed, let alone whether all issues that are involved in a divorce have been addressed in the agreement.       You truly should consult with an attorney sooner rather than later.  If you did sign something that can be "used against you" acting quickly may help you avoid adverse and unintended consequences.  An attorney who focuses on family law should be able to answer all of your questions and help you.       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

Typically after 30 days the petitioning spouse can proceed with an uncontested divorce if the other party does not answer. The person petitioning can file a default with the court requesting to schedule a final hearing. A copy must be sent to the other party. The petitioner will then need to attend the final hearing. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements.... Read Answer

1. A married person commits the offense of bigamy if he or she: (1) Purports to marry another; or (2) Cohabits with one whom he or she entered into a bigamous marriage in another jurisdiction. 2. A married person does not commit bigamy if, at the time of the subsequent marriage ceremony, he or she reasonably believes that he or she is legally eligible to remarry. 3. The defendant shall have the burden of injecting the issue of reasonable belief of eligibility to remarry. 4. An unmarried person commits the offense of bigamy if he or she: (1) Purports to marry another knowing that the other person is married; or (2) Cohabits with one whom he or she entered into a bigamous marriage in another jurisdiction. 5. The offense of bigamy is a class A misdemeanor. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements.... Read Answer

  So first, let's clarify...you are sure you are divorced from the first spouse?  And you have a final judgment from a court confirming same?  Ok, so  your second marriage is what lawyers would say is void ab initio.  That's a fancy Latin way of saying that, under law, your second marriage never existed.  So now, if you marry again (with the divorce decree in hand, so to speak) the  marriage will then be legal.   You may have to address many other issues about property you own as husband and wife or other property and investments you have as husband and wife (when you were not), but getting (re)married is the start.   Best of luck, Cindy S. Vova, Law Offices of Cindy S. Vova, P.A.  954-316-3496/561-962-2785... Read Answer

You do not need "abandonment" in order to obtain a divorce in Florida.  If you (or your husband) have been a resident of Florida for at least 6 months, and the marriage is irretrievably broken, then you may file for divorce and seek sole parental rights and responsibilities immediately.  He would need to be served with your divorce petition.... Read Answer