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 8
Do you have any Florida Divorce questions page 8 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

Where should I file the divorce petition and what are the consequences?

Answered 8 years and 7 months ago by Ms. Joanna Marie Mitchell (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
You should be able to file for divorce where you live currently and where she apparently also lived up until a short while ago. It doesn't matter where you got married. You need to file where you are a legal resident. And, if you want it done quickly and properly, hire an attorney to assist you.... Read More
You should be able to file for divorce where you live currently and where she apparently also lived up until a short while ago. It doesn't matter... Read More

What should I do if want to leave my wife, will have to leave the state we live in but that means that Iโ€™ll leave my children as well?

Answered 8 years and 7 months ago by Ms. Joanna Marie Mitchell (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
Your question is way too complex to answer in this forum. You need to consult with an experienced family law attorney who can then best advise you on an appropriate course of action.
Your question is way too complex to answer in this forum. You need to consult with an experienced family law attorney who can then best advise you on... Read More
The court here has jurisdiction to determine where the children live, with you or with mom. You need to get a lawyer to figure out what your chances the children would be allowed to go live with you in the other state, but that is usually an uphill battle.
The court here has jurisdiction to determine where the children live, with you or with mom. You need to get a lawyer to figure out what your... Read More

Can my fiancรฉ kick me and my kids out, he has been our sole provider for 5 years?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
I do not know enough about the circumstances to be able answer your question. I suggest that you go to speak with a family lawyer immediately about these circumstances.
I do not know enough about the circumstances to be able answer your question. I suggest that you go to speak with a family lawyer immediately about... Read More

How does my son get that inheritance money?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Have you considered speaking with an attorney about this? Do that first.
Have you considered speaking with an attorney about this? Do that first.

If I was married 25 years ago in the Philippines to a married woman, can I get married again here without filing a divorce?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
I need to know many more facts before I advise you to commit a potential 3rd degree, 5 years in prison, felony. Go see a local family attorney.
I need to know many more facts before I advise you to commit a potential 3rd degree, 5 years in prison, felony. Go see a local family attorney.

By signing that, could it jeopardize or affect me getting my mortgage here?

Answered 8 years and 8 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
You have real problems. Some mortgage companies will require the Wife to sign all paperwork on your Florida home as you are not divorced; she will have a legal interest in your home until you are divorced.Whether or not you will have to sign her mortgage papers depends upon the law of the state she is in, same thing as to whether or not you have a legal interest in her home depends on the laws of her state.... Read More
You have real problems. Some mortgage companies will require the Wife to sign all paperwork on your Florida home as you are not divorced; she will... Read More

How can I get divorced if my wife and I live in two different states?

Answered 8 years and 8 months ago by attorney Sabina Tomshinsky   |   2 Answers   |  Legal Topics: Divorce
In order to file for divorce in Florida, one of the parties must have resided in the State for at least six months prior to the filing of the Petition for Dissolution. So if you have resided in Florida for at least 6 months, you may file for divorce in Florida and then have your wife served. Good luck.... Read More
In order to file for divorce in Florida, one of the parties must have resided in the State for at least six months prior to the filing of the... Read More

How can I get out of my marriage after 3 months?

Answered 8 years and 8 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
File for a Dissolution of Marriage at the Clerk of Courts office.
File for a Dissolution of Marriage at the Clerk of Courts office.

What is a temporary standing order for dissolution of marriage?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That is basically an order which says that the parties cannot dispose of real or personal property, cannot remove the children, and whatever other things that are necessary to keep the status quo.
That is basically an order which says that the parties cannot dispose of real or personal property, cannot remove the children, and whatever other... Read More

Do both parties need to be present in court to self file divorce?

Answered 8 years and 8 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
To simply file- NoAt hearings it depends on the policy of the Judge.
To simply file- NoAt hearings it depends on the policy of the Judge.

Do both parties need to be present in court to self file divorce?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
It depends upon what the judge has the clerks do. There are many judges and many clerks across the state. To file it, probably not, but perhaps both will need to be present for a final hearing. Call the clerk at your county courthouse and find out how it is accomplished there.
It depends upon what the judge has the clerks do. There are many judges and many clerks across the state. To file it, probably not, but perhaps both... Read More

Are there any statutes or codes that can be used to contest a status quo order?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The facts have to be known. It depends upon the facts and the law, as well as the abilities of the attorneys.
The facts have to be known. It depends upon the facts and the law, as well as the abilities of the attorneys.

How can I sell or get rid of my car legally if my estranged husband is unwilling to sign the title?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
I would have to see the title to advise you.
I would have to see the title to advise you.

In the event she changes her mind, is the private agreement enforceable according to law?

Answered 8 years and 8 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Cannot make an opinion without reviewing the document. See a local attorney, take the documents, ASAP.
Cannot make an opinion without reviewing the document. See a local attorney, take the documents, ASAP.

If my husband is extremely verbally abusive, is there any way to get my husband out of the home and still keep the rental and have it paid?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The best thing to do is to have a full discussion with a local family lawyer.
The best thing to do is to have a full discussion with a local family lawyer.
  You don't say where the two of you last lived as a married couple.  Under Florida law if that location was Florida the proper place to file is Florida.    However, if the country where the divorce was filed does not have such a requirement and you have no objection, then presumably that country could enter a divorce decree.  A foreign divorce will be recognized in Florida.  However you do not say what you need it for.  If necessary you can go through a court process to domesticate the foreign judgment.  It is a two step process that transcends the scope of an answer here but is covered under Florida statutes. Best of luck, Cindy Vova... Read More
  You don't say where the two of you last lived as a married couple.  Under Florida law if that location was Florida the proper place to... Read More

If I file for a a-fault divorce can my husband turn it round on me

Answered 8 years and 9 months ago by attorney Cindy S. Vova   |   2 Answers   |  Legal Topics: Divorce
  Florida is a "no-fault" divorce state so all divorces are no-fault."  What that means is simply one need only allege that the marriage is "irretrievably broken."   Previously, before no fault divorce,a party seeking divorce had to allege grounds such as adultry, abuse, etc.  The law changed long ago.  So I am not sure how your spouse could "turn it around."    However, if you meant  you want to file for an uncontested divorce and your spouse is not on board then you will have to go through resolving the issues where the two of you do not agree.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward County-Boca Raton    ... Read More
  Florida is a "no-fault" divorce state so all divorces are no-fault."  What that means is simply one need only allege that the marriage is... Read More

Can I get a divorce if I had no marriage license?

Answered 8 years and 9 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
In order to get legally married you had to apply for a marriage license. Did you do that?
In order to get legally married you had to apply for a marriage license. Did you do that?

If I file where I live but move to another state with the children, will he still have to pay me alimony?

Answered 8 years and 9 months ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
First, if you file a divorce action you will then have to get a court order or written consent from the husband to remove the children from the State of California. If you are residing out of state you still have the same rights to child support and spousal support. You should consult with an attorney before you take legal action or move from the State to be fully informed of your options.... Read More
First, if you file a divorce action you will then have to get a court order or written consent from the husband to remove the children from the State... Read More

Do I have to hire an attorney in the same state as my husband to handle my divorce?

Answered 8 years and 9 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
More facts are needed to advise you. You need an attorney where the divorce was filed, most likely.
More facts are needed to advise you. You need an attorney where the divorce was filed, most likely.

melbourne fl, how long to get a court date with no childen

Answered 8 years and 9 months ago by attorney Joan Berry Nassar   |   1 Answer   |  Legal Topics: Divorce
If the case is contested, it takes approximately 1 year from the date the Petition is filed through the trial date, if there are no delays. However, if there are temporary issues that need to be heard, such as timeshare and child support, a temporary relief hearing may be requested early in the case.   If the case is uncontested, you can get a court date within a few weeks after an agreement resolving all issues is signed.... Read More
If the case is contested, it takes approximately 1 year from the date the Petition is filed through the trial date, if there are no... Read More
You may prepare a QDRO without an attorney. However, a QDRO is a complicated document for which you may want to seek legal advice.
You may prepare a QDRO without an attorney. However, a QDRO is a complicated document for which you may want to seek legal advice.

Would I have an issue including papers with the divorce papers for him to sign over his rights?

Answered 8 years and 9 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, there are many issues in cases like yours, but as long as it can be worked out, there can be an uncontested divorce and a step parent adoption.
Yes, there are many issues in cases like yours, but as long as it can be worked out, there can be an uncontested divorce and a step parent adoption.

If I filed a Modification of Alimony and next step is Mediation, I have evidence that I would like to submit, do I bring it to Mediation?

Answered 8 years and 9 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
No, you do not present evidence at mediation. You present it at trial in accordance with the rules of evidence.
No, you do not present evidence at mediation. You present it at trial in accordance with the rules of evidence.