Florida Divorce Legal Questions

   Unfortunately, you would not be successful in pursuing an annulment. There are very limited circumstances where one can have a marriage annulled.  The unfortunate situation where you cannot now have children is not as a result of any fraud (which can be a ground for annnulment), but even then, once a marriage is consumated it cannot be set aside.    You would have to pursue getting a divorce based on the facts provided.     Sorry.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward-Pal Beach-Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com      ... Read More

    The fact that one gets married in Florida does not require that one get divorced in Florida.  In fact, based on your situation, you could not file for divorce in Florida because neither of you have lived here for the past 6 months.     As to getting a "quicky" divorce in the Dominican Republic, I am not familiar nor qualified to advise on the law of that country or any other country regarding residency requirements, etc.   However, assuming that there is no property or debt to divide, and assuming there are no children,  an actual divorce should be easy.  You should contact an attorney in the Dominican Republic to find out if you can file in that country.   If you were living in Florida now and then went to the Dominican Republic without living there 6 months, to avoid the Florida residency requirement, then the divorce would not be valid.  However,  there is one case that discusses a situation where the parties divorced in the DR and then the woman lived in and then remarried in Connecticut, where, apparently, the divorce would have been valid.  Years later the "new" wife sought to divorce in Florida, and the husband successfully argued that there was no valid marriage because the wife was never divorced from her first husband.  The dissenting opinion gives a different view, stating that since the DR divorce would have been valid in Connecticut, where the wife remarried, it should be recognized.  See: Lopes v Lopes, Fla 5th DCA, 2003.    So, the short answer is, it depends on whether the DR divorce would be valid in the jurisdiction where you live now.  Of course, if you ever remarried, I would make sure at that time that your state (country?) of marriage would have recognized the divorce.    Hope this helps. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton/Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com      ... Read More

   You are wise to not just "trust" what your ex said.  From the facts provided, it appears that you are solely responsible, per the Final Judgment and/or Marital Settlement Agreement to make the mortgage payments.  If your ex-wife is on the note, then the mortgagee can pursue an action against both her and you.  Your Marital Settlement Agreement probably provides that you have to indemnify her if the mortgagee files suit against her.  That means she can, if  a foreclosure suit names her as a defendant, file a cross claim against you.  She can also go back to the family court and ask that you pay anything she is required to pay.    With that said, the best suggestion is that she and you enter into a stipulation modifying the provisions of the Final Judgment/MSA that holds you solely liable for this obligation.  Then you should request that the court ratify the stipulation and make it an order of the Court.    If you can accomplish this then at least you protect yourself from the ex.  As to the holder of the mortgage and note...that's another issue. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raaton/Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com    ... Read More

   The obvious answer is get another attorney.  But before you do that, I suggest you send a letter, both by mail and email, advising the attorney of your attempts to contact him/her and that you have not received a response. Ask for an accounting of what has been done on your case and what is necessary to move it forward and conclude the case. At least give the attorney one more opportunity to explain.  If if you are not happy with the response, fire the firm, get a copy of your file and seek another attorney.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 954-316-3496... Read More

  Dear Anonymous:      I surmise the question you want answered is whether this is a fair deal.   Understand that each divorce case is unique, and in order to even begin to answer this question one would need to know  how long the parties were married; what each party's income is; what other assets and liabilities the parties have, whehter in joint name or separately and the values of each, and this is just a starting point. This also assumes that the party who is giving the information is aware and has full knowledge of the above questions.  I frequently find that one spouse has no idea about what the family finances truly are, and therefore, that is part of the lawyer's job during the case.   So,  assuming that the question I posed above is what you wanted answered, the simple answer is it cannot be answered.  It may be more than fair to you, but my suggestion would be you consult with an attorney first before giving away rights you may have and may not be aware you have. 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 More

  You should have been notified about your rights to COBRA once the divorce was final.  However, are you sure your now ex husband notified his employer that you are divorced?  You might still be on his insurance if he did not tell them.  Of course, this is fraud, so instead of waiting, you should contact the employer's HR department and check on this yourself.    Also, you usually have a 30 day period when you are still covered, so since it is only slightly over 30 days maybe they are just behind.   The fact that your divorce decree does not reference the health insusrance only means that your husband has not agreed to provide further health coverage for you. COBRA is typically expenive so you will also want to find out the cost and then consider pursuing other health insurance options for yourself.  They are all awful, but I hope you find something  that will serve your needs.  If you send me a confidential email I can recommend someone who is very helpful in getting insurance for people in your situation. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.a. Broward/Boca Raton info@vovalaw.com 954-316-3496/561-962-2785    ... Read More

  As with any legal matter,the answer depends on many factors. Alimony is principally based on two general factors: the need of the recipient and the ability of the other party to pay.  So -Does your husband have a source of income that is greater than yours, and if so by how much? -What other assets and liabilities do you have during the marriage? This is just a starting point.  Because you have limited funds, your best bet is to contact the local legal aid office and see if they can assist you, after you give them all of the facts. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496.561-962-2785... Read More

 Besides hiring a private investigator, use traditional and cyber methods- contact his job, relatives, etc. Use the internet.  There is no magic legal button to do this.   You can still find out the address even if you have an injunction-unless you mean you don't have an address  for the sheriff to serve him. If you absolutely cannot find him,you can serve him by publication.  Florida Supreme Court Form 12.913(a) provides instructions on how to do this.  Understand, however, that unless he is personally served you can get the divorce, but alimony, child timesharing and support cannot be decided. Best of luck. Cindy S. Vova' Law Office of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785   ... Read More

  Technically, the divorce is to be filed at the location the parties last resided as husband and wife.  It seems that she did live here in Florida at one time so the courts would have jurisdiction over her.  You would still have to have her served in India-may be a process- unless she agrees and is willing to waive service.  If this is going to be an agreed-no fighting- divorce, you can probably get a settlement agreement in advance and then file here for the divorce.  Only one party has to be present. You would benefit from consulting an attorney.  I've seen too many people try to do this, and then spend more with a lawyre later trying to fix it.  Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. info@vovalaw.com 954-316-3496... Read More

Generally, if both parties are in agreement and the third party has no legal connection nor rights with respect to the child, then putting appropriate language in your agreement would generally be enforceable by the court pursuant to contract law. Consult with an attorney to discuss the specifics of your situation and your options.... Read More