Florida Divorce Legal Questions

If the "secret" marriage in Haiti was otherwise "legal" within the law of Haiti, then you are already married. Even so, that wouldn't prevent you from renewing your vows or having a "ceremony" or celebration of some type, you just wouldn't be able to apply for a marriage license since you're already married. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

    The first thing I would suggest is that you ask your husband to go to some marriage counseling with you----or alone to begin with.  Since everyone is "unsure" if they want a divorce,  a good counselor/therapist might help you both make it work...or if not, at least you will both know you tried before ending it.    With that said, under your circumstances, a postnuptial agreement requires the same amount of disclosre as a Marital Settlement Agreement.  The difference is that you two can enter into a postnuptial agreement that resolves all the issues that would need resolving in a divorce, except that the signing of such an agreement does not require that a divorce occur.  It can be drafted such that certain assets and liabilites are divided at that time, and even establish alimony, but it might also state that certain parts of the agreement only take effect if there is a subsequent divorce.  Issues involving the children can also be established.   Here is the most important issue.  If the parties do engage in full financial disclosure then the post nuptial agreement is binding, and if you divorce, then whatever deal you entered into will be binding.  In other words, if you sell yourself short in signing the post-nup, because you think it will help save the marriage, and things don't work out, you will not be able to get a "do-over."   So, a post nup may be the way to go, but I strongly suggest you consult with an attorney before you enter into any type of agreement. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward-Boca Raton 954-316-3496 info@vovalaw.com  ... Read More

   Since you both last resided together in Florida, and (since you say the divorce is close to finalized) you apparently submitted yourself to the jurisdiction of the Florida court.  Thus, Florida has full authority to divorce you and divide your assets and liabilites as well as determine alimony, if that is an issue.  You do not say if you have children, but if the children lived here in Florida for at least 6 months prior to filing, then the courts here have jurisdiction over the children as well.    However, if you own marital property in Poland, the Florida courts do not have any jurisdiction over this property and you would have to file an ancillary action in Poland.  If this is the case, I would suggest you contact a Polish attorney to find out how to proceed once the divorce is finalized in Florida.  Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward -Boca Raton 954-316-3496 info@vovalaw.com... Read More

You can either pursue a regular divorce by filing a Petition for Dissolution of Marriage and either have your spouse served or have your spouse waive formal service or you may both pursue a Simplified Dissolution of Marriage action (provided you qualify for such action). You may also reach an agreement on all the issues by executing a settlement agreement and then file that agreement with the Court along with your Petition for Dissolution. I suggest that you consult with an attorney to determine your best course of action based on your particular set of facts. All the best.... Read More

If a new deed was prepared after you were married that added you as one of the owners of the home and that property is now held by both of you as tenants by the entireties, then the home is presumed to be a marital asset subject to equitable distribution. As to the mortgage, that morgage would also be subject to equitable distribution. It would be best to have an attorney review that last deed to the property and advise you accordingly. Good luck.... Read More

You don't indicate whether you have children together or own and property together, but you should generally be able to file for divorce where you last lived together as husband and wife, or possibly where you are now living if not in the same place as before, and serve him with the papers in prison. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

It will depend on whether there is an agreement on all the issues or if you have to litigate certain matters. You can actually reach an agreement regarding the parenting plan / child related issues and the property matters even prior to filing for divorce and then proceed with a final hearing. Your marriage is considered to be a moderate term marriage where alimony can also be a factor unless waived by the parties. Alternatively, one party would file for divorce and serve the other party and then an agreed to parenting plan with timesharing schedule can be filed along with a marital settlment agreement and the cause can then be set for a final hearing. Also, both parents must take the mandatory parenting class and child support must also be clearly addressed. It would really be best to consult with a divorce attorney as to all of your options and proceed accordingly. Good luck!... Read More

You can pursue a divorce by publication. There are certain specific requirements that must be followed and the end result would be the entry of a final judgment of dissolution of marriage though other matters would not be addresed. It would truly serve your interests to consult with an attorney as to all of your options. All the best.... Read More

It will depend on when the vehicle was acquired, if your spouse has a vehicle of her own and if spousal support is at issue, among other matters. Also, please do note that title alone is not dispositive. It would truly serve your interests to consult with a divorce attorney so that all your particular facts can be addressed and a specifically tailored response can be rendered. All the best.... Read More

Generally, no. Unless you are representing yourself, which is generally not a good idea, only an attorney may appear in court on your behalf or represent you at depositions, mediation, hearings, trial and other court proceedings. Consult an attorney to discuss the specifics of your situation and your options.... Read More

Your marriage is considered a moderate term marriage and, as such, several types of alimony are available to you, including durational alimony. However, apart from the duration of the marriage factor, the other relevant factor when alimony is at issue is the need and ability factor; in other words, your spouse's ability to pay that alimony/spousal support. Though you may have the need for spousal support, if your spouse does not have the ability to pay that support, you may still be awarded nominal alimony. Also, please keep in mind that as part of a dissolution of marriage action, all marital assets and liabilities get equitably divided and it is after such equitable distribution will alimony/spousal support be addressed. You can also reach an agreement on all the issues even prior to filing. Also, please note that spousal support may take many different forms in addition to having monies paid for a certain period of time. It would truly serve your interests to consult with an attorney so that all the pertinent issues can be addressed and a specifically tailored response provided. All the best.... Read More