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Florida Divorce Recent Legal Answers from Lawyers

Florida Divorce Recent Legal Answers from Lawyers
Not sure how long your marriage is to your wife and her current employment situation. Sounds like your unable to work and will receive benefits. You will need to have your military retirement pay calculated for her percentage, if any. Also, you will neee to value your tsp as well. Hope this helps. Chris Ragano,Esq. ... Read More
Not sure how long your marriage is to your wife and her current employment situation. Sounds like your unable to work and will receive benefits.... Read More

I got divorced 31 years ago in Florida.

Answered 3 days ago by attorney Chris Evan Ragano   |   1 Answer   |  Legal Topics: Divorce
The answer is no....unless the final judgment reserved jurisdiction over her request for alimony. For ex, if you retire, she can come back and petition the court. Hope this helps, Chris Ragano, Esq.
The answer is no....unless the final judgment reserved jurisdiction over her request for alimony. For ex, if you retire, she can come back and... Read More

divorce

Answered 24 days ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous:    You are still legally married.  Under Florida law, which will likely apply, the date of filing the petition for dissolution of marriage  is the starting point for determining marital and non-marital assets and liabilities.  In a nutshell, this means that the assets and liabilities both your spouse and you acquired after separation could still be considered for the purposes of determining the marital  estate.      So, you should file  for divorce now, because this will keep goin gforward without that legal declaration that you are divorced.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2795  ... Read More
Dear Anonymous:    You are still legally married.  Under Florida law, which will likely apply, the date of filing the petition for... Read More
There are several issues you have going on with your case. The division of the marital assests, including the business, are typically valued on the date you file for divorce or a valid separation agreement. Thus, when you decide to file, that is the valuation date. Since you have been separated for 5 years, your alimony claim is now much weaker than if you and he were still living together. The court will assume you have been paying your expenses with minimal support from him. The alimony is controlled by 61.08 and will need more information to answer this question. Hope this helps. Chris Ragano, Esq.... Read More
There are several issues you have going on with your case. The division of the marital assests, including the business, are typically valued on the... Read More
   In a divorce action, any business owned by either one or both of the parties, that was formed during the marriage, is a marital asset.  As such, it is subject to being divided by the court.  The starting place for this division (equitable distribution) is a 50-50 split, although there are a number of factors that can tilt the scales to something other than 50-50.   That being said, the court will need to have a value placed on the business, which is usually done by an expert business valuator.  If the business consists of the personal good will of one or both of you, then that "personal good will" is not subject to being divided, and it will decrease the value of the business in the eyes of the court.     Even if the business has value to be divided, it is possible that you could retain other assets in the marriage in exchange for your wife keeping the business.    So, as in most cases, you have to look at all the assets and liabilities of the marriage, but, standing alone, it is unlikely she can just keep the business if you can prove the value if that asset.     I hope this helps! Good luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read More
   In a divorce action, any business owned by either one or both of the parties, that was formed during the marriage, is a marital... Read More
Very common question - the simple answer is that since you are on the Deed, you have the same rights as does she to to stay in the house. Neither she nor the police can make you leave. She can (as well as you) file a Petition for Dissolution and ask the Court for "temporary exclusive use and possession." This will require a hearing with the Court. Most likley, the person that has the greater financial ability will be required to leave. Then, the ousted spouse can ask for 1/2 the montlhy fair market rental value at mediation or in Court... Read More
Very common question - the simple answer is that since you are on the Deed, you have the same rights as does she to to stay in the house. Neither she... Read More

Florida divorce

Answered 2 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous:     Although Florida  Statute 61.08(1) says that the court may consider adultery in an alimony determination, as a practical matter, unless the adulterous spouse has "squandered marital assets" on his/her paramour, usually the Courts do not give that issue great weight.  Because there are no real guidelines for alimony in Florida statutes, it is difficult to really determine how much, if any, weight the courts will give this.  Depending on the judge, they may not even want to hear about it.  Nonetheless, since you've gone through the effort it doesn't hurt to try and introduce this, but it would be better if the report indicates he is using marital monies on this woman.   Sorry that I couldn't give you a more positive response.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785 info@vovalaw.com    ... Read More
Dear Anonymous:     Although Florida  Statute 61.08(1) says that the court may consider adultery in an alimony determination, as... Read More

Divorce

Answered 3 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous: In Florida the only grounds you need to get a divorce is that the marriage is "irretrievably broken."  Sounds like you meet that criteria. So you can proceed with a divorce. Good luck to you.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A.  Broward/Boca Raton 954-316-3496 info@vovalaw.com... Read More
Dear Anonymous: In Florida the only grounds you need to get a divorce is that the marriage is "irretrievably broken."  Sounds like you meet... Read More
Florida has a residence requirement whereby at least one of the parteis must live in the state for at least 6 months prior to filing for divorfce. Unfortunately, since neither your wife nor you have lived in Florida for at least 6 months  you cannot file for divorce in this state.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-496 info@vovalaw.com ... Read More
Florida has a residence requirement whereby at least one of the parteis must live in the state for at least 6 months prior to filing for... Read More
    There are forms you can use to file for a divorce, and these forms provide pretty detailed instructions. Here's a link to get you started: https://www.flcourts.org/core/fileparse.php/533/urlt/947a.pdf However, what you communicated in your question begs for more advice than just filling out forms to get divorced, especially since you have children involved.  Do you want your husband to get timesharing and have the children  when he is, from your email, suicidal?  I am sure the answer is no.  Therefore, see if you qualify for legal aid in your county.  You should be able to do an internet search to find the legal aid office for your community.  At the very least, get a consultation with an attorney.  In your haste to terminate the relationship you may agree to things that really would not be beneficial to you or the children, and which might not be modifiable in the future. 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 More
    There are forms you can use to file for a divorce, and these forms provide pretty detailed instructions. Here's a link to get you... Read More
Dear Anonymous:    No, not only do you not have to file your divorce in Miami, but you cannot file the divorce in Florida.  Florida law requires that at least one of the parties must have resided in Florida for at least 6 months prior to filing for divorce.   Although I am not familiary with Canadian law, I suggest you contact an attorney in the province where you currently reside for guidance in filing for divorce there.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785 info@vovalaw.com... Read More
Dear Anonymous:    No, not only do you not have to file your divorce in Miami, but you cannot file the divorce in Florida.  Florida... Read More

Can I get divorce here in Miami but I got married in Honduras

Answered 6 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
  In order to file an action for divorce in Florida either the husband or wife (or both) must have resided in Florida for 6 months prior to filing the dissolution action.  You say you have been separated from your husband a "about" 20 years.  So, I am presuming that you have lived in Florida for at lesat the last 6 months.  So, the problem becomes whether the Florida court has jurisdiction over your husband, who apparently does not live in Florida nor has   he ever lived here with you. Do you even know where he is currently living?  You will have to get him served, either personally or through publication.  The Court may be able to actually divorce you, but the court cannot adjudicate any property rights, division of assets and liabilities, equitable distribution, alimony or child issues.  Of course, these may not be issues for you so divorcing here and getting the divorce alone may be all you need.  I would urge you to check with a marital and family law attorney who could review more specific facts of your case and advise you accordingly. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward County:954-316-3496  Boca Raton: 561-962-2785 info@vovalaw.com... Read More
  In order to file an action for divorce in Florida either the husband or wife (or both) must have resided in Florida for 6 months prior to... Read More

divorce two different countries

Answered 6 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
    Dear Anonymous:        In order to file a petition for divorce in the state of Florida, at least one of the parties must be a resident of the state for at least six months prior to filing the petition.  Even in that instance, there still remains issues of where the parties' property and children are located.  If the wife lives in Florida it is possible to file here.     Best wishes, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward:  954-316-3496 Boca Raton:  561-962-2785 info@VOVALAW.COM  ... Read More
    Dear Anonymous:        In order to file a petition for divorce in the state of Florida, at least one of... Read More

What other information do I need to turn in with a financial affidavit?

Answered 6 months ago by attorney Rand S. Lieber   |   1 Answer   |  Legal Topics: Divorce
A financial affidavit is self contained.  They may be referring to mandatory disclosure which contains a list of documents that must me provided.  This obligation is reciprocal and includes pay stubs, bank statements, tax returns, credit card statements, etc.  Look up family rule 12.285 to see a complete expanation.... Read More
A financial affidavit is self contained.  They may be referring to mandatory disclosure which contains a list of documents that must me... Read More

Can my husband avoid alimony by moving from FL to NC?

Answered 7 months ago by attorney Nicole Kessler Ferry   |   1 Answer   |  Legal Topics: Divorce
Yes, Florida's long arm statute can exercise jurisidiction over him. He will be subject to a Florida court.
Yes, Florida's long arm statute can exercise jurisidiction over him. He will be subject to a Florida court.
Every case is different. If there was full financial disclosure on your husband's part, you will have a hard time setting it aside. Unfortunately, ignorance of the law doesn't act as a defense. But, if that informatino wasn't given to you- file a Motion to Set it Aside immediately.
Every case is different. If there was full financial disclosure on your husband's part, you will have a hard time setting it aside. Unfortunately,... Read More

are individual stocks marital property and what's constitutes fraud

Answered 7 months ago by attorney Nicole Kessler Ferry   |   1 Answer   |  Legal Topics: Divorce
During a marriage, when two spouses acquire retirement accounts or even salary, each spouse owns 50% of those funds. A court can have him give you half of the account but in another way, i.e. a cash buyout.  Each retirement is different. I would contact the retirement provider and ask regarding his withdrawal of funds without your agreement. ... Read More
During a marriage, when two spouses acquire retirement accounts or even salary, each spouse owns 50% of those funds. A court can have him give you... Read More
It depends on what assets you are trying to protect. If it is a bank account that he is trying to spend, you can request a protective order from the Court and freeze the account. You can move funds from an account, but you will need to be able to show where the money went. If you acquired the money during the marriage, it is considered 1/2 yours and 1/2 your spouse's.  If your Court has a pretrial standing order, refer to it for more guidance. ... Read More
It depends on what assets you are trying to protect. If it is a bank account that he is trying to spend, you can request a protective order from the... Read More
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 More
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... Read More
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 More
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... Read More
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 More
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... Read More

What will I pay in child support and alimony

Answered 8 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
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 More
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... Read More

How can i get a divorce

Answered 8 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
   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 More
   If your wife and you agree that this marriage should not continue, then you can jointly file a Simplified Dissolution of Marriage ... Read More

I got married in South Africa to a South African. How do I get a divorce?

Answered 10 months ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Topics: Divorce
   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 More
   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... Read More
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