Florida Divorce Legal Questions

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340 legal questions have been posted about divorce by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
Florida Divorce Questions & Legal Answers - Page 11
Do you have any Florida Divorce questions page 11 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 340 previously answered Florida Divorce questions.

Recent Legal Answers

Will court proceed if mother of 1 wants self-filing, serve father who moved out of state and he does not respond?

Answered 9 years ago by Mr. Robert E McCall (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
Generally, yes as long as the Father was properly served the papers. If he was served then he ignores the court at his peril.
Generally, yes as long as the Father was properly served the papers. If he was served then he ignores the court at his peril.

How long after a divorce would one have to wait to get remarried?

Answered 9 years and a month ago by Mr. Robert E McCall (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
I would recommend 48 hours unless there is an immediate pregnancy issue.
I would recommend 48 hours unless there is an immediate pregnancy issue.

If I get married after Iโ€™m already retired, is my wife entitled to any of my pension if we divorce?

Answered 9 years and a month ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
I need to know more facts, but basically, probably not.
I need to know more facts, but basically, probably not.

How do I remove my live in boyfriend from my home?

Answered 9 years and a month ago by Mr. Robert E McCall (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Divorce
File with the clerk of courts an Eviction case.
File with the clerk of courts an Eviction case.

How do I remove my live in boyfriend from my home?

Answered 9 years and a month ago by Mr. Ronald L Bornstein (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Divorce
You don't indicate whether you own or rent your home, or whether your live-in boyfriend is on the deed, the mortgage, or a lease. Assuming that he isn't on anything and that you own your home, or that you rent your home and you are on the lease but he is not, you could file an ejectment action to remove him from your home. Consult with an attorney to discuss the specifics of your case and your options.... Read More
You don't indicate whether you own or rent your home, or whether your live-in boyfriend is on the deed, the mortgage, or a lease. Assuming that ... Read More

If married in Ecuador, is it valid in the US?

Answered 9 years and a month ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Yes, a marriage from some other country, as long it was done with the requirements of that country, will be recognized in Florida.
Yes, a marriage from some other country, as long it was done with the requirements of that country, will be recognized in Florida.

Since the form is wrong, do I still sign?

Answered 9 years and a month ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Do not sign it until all of the errors are corrected, and until you get advice from an attorney.
Do not sign it until all of the errors are corrected, and until you get advice from an attorney.

If Iโ€™m married and divorced in another state after 23 years of marriage, how do I enforce continued payment of alimony?

Answered 9 years and a month ago by Mr. Robert E McCall (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If you are living in Florida and were awarded alimony from another state you can either file a Motion to Enforce in the original state, or domesticate the out of state Judgment in Florida and have the Florida Judge enforce the Judgment. You probably need an attorney.
If you are living in Florida and were awarded alimony from another state you can either file a Motion to Enforce in the original state, or... Read More

If Iโ€™m married and divorced in another state after 23 years of marriage, how do I enforce continued payment of alimony?

Answered 9 years and a month ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Enforcement would typically be with the original court who entered the divorce. It would probably be by a motion to enforce or a motion for contempt. Consult a family attorney where the divorce was entered.
Enforcement would typically be with the original court who entered the divorce. It would probably be by a motion to enforce or a motion for contempt.... Read More

Is my divorce from the U.K. recognized in Florida?

Answered 9 years and a month ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
   Under Florida law, this state has jurisdiction to enter a divorce when at least one of the parties resides in the state of Florida. On the converse side, if both parties lived in Florida at the time of the divorce, the UK (at least under Florida law) would not have jurisdiction to enter the divorce.     As a simple solution, you both could just go through an uncontested divorce presently since, presumably, all assets, liabilities and other issues that normally arise in a divorce have been resolve.   Best of luck, Cindy S. Vova Law offices of Cindy S. Vova, P.A. 954-316-3496 info@vovalaw.com ... Read More
   Under Florida law, this state has jurisdiction to enter a divorce when at least one of the parties resides in the state of Florida. On... Read More

Can my future husband claim part of this condo in a divorce?

Answered 9 years and a month ago by John Arthur Smitten (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
He can make a claim for the enhancement in value of the condo, yes.
He can make a claim for the enhancement in value of the condo, yes.

Can my future husband claim part of this condo in a divorce?

Answered 9 years and a month ago by Mr. Ronald L Bornstein (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
Generally, even though the condo was your separate property prior to marriage, if you make mortgage payments with income you earn during the marriage, like from employment, that income is marital and the condo, though still an essentially non-marital asset, will acquire a marital component, the value of which will be determined at the time of divorce in accordance with a case call Kaa. There are things you can do before getting marriage to try and protect your pre-marital assets, such as entering into a prenuptial agreement. Consult with an attorney to discuss the specifics of your situation and your options.... Read More
Generally, even though the condo was your separate property prior to marriage, if you make mortgage payments with income you earn during the ... Read More

How will the asset/debt be distributed in divorce?

Answered 9 years and a month ago by Mr. Robert E McCall (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
Entirely up to the Judge. She can ask but there is no guarantee.
Entirely up to the Judge. She can ask but there is no guarantee.

Can I be ordered to expedite payment in a settlement?

Answered 9 years and a month ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
From the very few facts you have given, it does not appear that what she wants now was part of the agreement. Without reading the relevant documents, I cannot say for sure, but it appears that the answer to your question would be no.
From the very few facts you have given, it does not appear that what she wants now was part of the agreement. Without reading the relevant documents,... Read More

Being sued by my ex wife, what are my option?

Answered 9 years and a month ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
  If your wife is seeking to enforce something in the nature of equitable distribution, versus alimony, you cannot be held in contempt.  That being said, clearly the two of you have failed to communicate.  If she was supposed to give you an account number and failed to do so, it appears you did not follow up on this.  But, two wrongs do not make a right (old tale).  You should contact her  attorney and try to work this out.  Absent same, if facts are as you communicated, you cannot be held in contempt.   However, you will still need to respond to the summons and it is probably a good idea to consult with an attorney to get some pointers on how to proceed. Best of luck, Cindy Vova Law Office of Cindy S. Vova, P.A. info@vovalaw.com 954-316-3496  ... Read More
  If your wife is seeking to enforce something in the nature of equitable distribution, versus alimony, you cannot be held in contempt. ... Read More

Will I be entitled to half of his pension accrued during our marriage if I have been married to my husband for 7 going on 8 years in March 2017?

Answered 9 years and 2 months ago by John Arthur Smitten (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
Yes.
Yes.

what is the next step in getting my x husband to sighn my qualified domestic order

Answered 9 years and 2 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
   You indicate that the court awarded you half of your husband's retirement.  Therefore, if he will not sign the QDRO so the judge can sign off on it, you must file a Motion with the Court asking the court to require your ex to sign this.  If you hire cousnel to do this you may be able to recover your fees to the attorney as it appears that your ex is in contempt of a court order.  Either way, you need to do this now so you do not end up losing out on those benefits that you are entitled to receive.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. info@vovalaw.com www.vovalaw.com 954-316-3496... Read More
   You indicate that the court awarded you half of your husband's retirement.  Therefore, if he will not sign the QDRO so the judge... Read More

How many year marriage with The army, that I can get the retirement and alimoney

Answered 9 years and 2 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
  One must be married for at least 10 years to a person who is in the military during that time  period.  Division of military pensions has very unique and specific  requirements to ensure the spouse gets what he/she is entitled to.  Therefore, you should definitely seek advice from an attorney who is familiar with this type of pension and can get it done correctly.    Best  of luck, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd. Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496... Read More
  One must be married for at least 10 years to a person who is in the military during that time  period.  Division of military... Read More

Am I obligated to release my checking account information in a divorce case due to mandatory disclosure rule?

Answered 9 years and 2 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Divorce
Depends on the information being sought. Name of bank, account numbers, most recent bank statement-Yes.
Depends on the information being sought. Name of bank, account numbers, most recent bank statement-Yes.
  Looks like after 40 years he's at a "Crossroad" and he wants to "Feel Free."  I am sure it wasn't all "Bad Love" but sometimes after 40 years a man thinks he can "Change the World."    The "Wonderful Tonight" news is that the law in Florida does not give him all the money, even if he wants it.  I cannot tell from your facts whether the internet earnings are from a joint marital asset or simply "income."  Marital asssets are subject to equitable distribution, which usually statrts with a 50/50 split.  As to the income, well this falls under potential alimony and alimony is based on the need of one party to receive it and the ability of the other party to earn it.    Since you indicate this is a 'high profile" case, I presume you have retained counsel.  Discuss your concerns with your attorney, who will know all the facts and be able to better answer your questions.  On the odd chance you've not yet retained an attorney, you should do so.  Make sure you have someone who practices exclusively family law (or at least the majority of his/her practice is in this area). Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Offices in Boca Raton and Broward County 954-316-3496 info@vovalaw.com    ... Read More
  Looks like after 40 years he's at a "Crossroad" and he wants to "Feel Free."  I am sure it wasn't all "Bad Love" but sometimes after 40... Read More
   If you are ready to divorce, the process can be (relatively) simple or more complex.  It all depends on the specific facts of the case.  Since  your husband keeps bringing up your past, it may be an indication that he won't make the divorce process easy.  Other matters that can complicate a divorce is children ( you don't say whether you have any together); number of years of marriage; determination of marital assets and debts. There are a number of forms available on line to help you with the process, and these can be found if you google Florida Family Law Forms.  As with most things in life, however, the devil is in the details.  It is well worth the investment to have a consultation with a family law attorney who can give you an overview of the process as it applies to your specific facts.  Then you can determine whether you can go it alone or whether you would best be serverd retaining an attorney to represent you. Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Ste. 301 Plantation, FL 33322 954.316.3496 info@vovalaw.com  ... Read More
   If you are ready to divorce, the process can be (relatively) simple or more complex.  It all depends on the specific facts of the... Read More

What can I do next after my attorney withdrawn my case for non-payment?

Answered 9 years and 3 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Get another attorney. That is what you should do.
Get another attorney. That is what you should do.

husband traded in a car for a new car during divorce

Answered 9 years and 3 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
  Even if the Land Rover was in the name of the business, the business is a marital assets (assuming it was formed during the marriage...if not, parts may be-beyond the scope of this response) and therefore the car is an asset of the business. It may be considered dissipation, but one would have to figure out the  net value of the vehicle (Land Rover) at the time it was sold.  That equity would be the "marital asset" that could likely be added to the equitable distribution pot. I hope this helps.   Best wishes, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd. #301 Plantation, FL 33322 info@vovalaw.com 954-316-3496    ... Read More
  Even if the Land Rover was in the name of the business, the business is a marital assets (assuming it was formed during the marriage...if... Read More

My wife and I were married in the Philippines. I'd like to know

Answered 9 years and 3 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
Seems like you did not finish your question.  But, taking a guess...if you'd like to know if you can divorce in FLorida, the answer is yes, provided you have lived here at least 6 months before filing.   Telepathy is not one of my strongpoints, but hope I helped here. Best wishes, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496  ... Read More
Seems like you did not finish your question.  But, taking a guess...if you'd like to know if you can divorce in FLorida, the answer is yes,... Read More

My husband has an LLC with his sisters. Am I untitled to any of it if we devorice?

Answered 9 years and 3 months ago by Helena Y Farber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It depends on when the LLC was formed (before or during the marriage), and what is the business purpose of the LLC. Some businesses do not have any actual assets to divide, while others might have real property or other tangiable items within the business that might have a value.  Best of luck, Helena Y. Farber, Esq. 305-520-9205 Aventura, FL www.farberlawpa.com... Read More
It depends on when the LLC was formed (before or during the marriage), and what is the business purpose of the LLC. Some businesses do not have any... Read More