Elaine Terry Silver's Answers

FL-spouse served petition for dissolution, returned all papers except for financial affidavit.

Without viewing the papers that your brother filed, it is difficult to give you precise advice. There are many lawyers in the Orlando area who will consult with your brother and give him the precise advise he needs to go forwrad with this matter. There are ways of getting divorced even if she won't cooperate. Attorneys in Florida may engage in representation for "limited purposes", so he can get just the advice he needs and pay only for that. Hope this is helpful

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Florida resident, looking for advice and what to expect from 'fair' divorce settlement

It sounds like you've been given some good advice. Have you been told that Florida requires both of you to attend the 4 hours "parenting class". Please do so that you can get past your anger and focus on what's best for your children. I also suggest that you consult with a Collaborative Divorce lawyer in your area to learn more about the collaborative process for getting divorced. As for mediation, Florida courts require that you mediate in an effort to resolve your differences before...

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If my 9 year old daughter does not want to visit her father do I need to make her go

The laws in each state are a little different, but generally children are better off having a consistent and healthy relationship with BOTH parents. Moreover, the studies tell us that fathers who have frequent and continuing contact with the children are more likely to honor their financial obligations for child support, health insurance, medical expenses, education and even alimony. There are even a few states (not most) that allow a parent to stop paying child support if visitation is...

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I was married in new york ( i recently moved to florida) & i have kids.

If you've been in Florida for more than 6 months you can file an action here, however; that may not be the wisest choice. Some of the important facts to consider is trying to decide which state to file in are: where is your spouse? where are your children? do you own real estate in either state; have you compared the laws in both jurisdictions on issues of children and money. You probably should consult with a lawyer in each state, then decide what makes the most sense. You may not need...

Do I need to submit to my wife's attorney's request for a deposition?

If your wife has an attorney and you don't you are clearly at a disadvantage. You would be wise to at least consult with an attorney in your area to get some good advice on how to proceed to best protect your interests. You have the right to ask for a reasonably convenient date for the deposition, but as a party you do have to submit to the deposition.

Home After Divorce

This is a difficult problem beacuse the divorce decree giving your wife the house is NOT binding on the lender who gave you the mortgage. If your wife could refinance the debt solely in her name and pay off the mortgage that's your best protection. If she fails to make the mortgage payment you could pay it and protect your credit and try and collect the money from your wife. Otherwise, you are right that you have a problem. You should consult with a lawyer in your area to see if there is...

My us husband wants divorce

You should consult with an attorney in your area who is familiar with both divorce and immigration issues to get a good answer to this question. it is too complicated for you to rely on an answer on the internet.

Divorce

Either you and your husband have to agree that you can move with the children or you can ask the Court for permission to move. Florida has a very detailed statute governing relocation of children. Florida courts consider the children's relationships with both parents to be very important. Making a decision to divorce has very serious emotional and financial consequences for the entire family. You should consult with an attorney before moving in that direction to understand what the law...

Divorce with kids

The hardest task for divorcing parents is to separate their own needs from those of their children. What's best for children of divorce is to continue to have two caring parents in their lives. Children who are 7 and 5 don't get to decide which parent they want to be with more. There's are lots of good books out there about how to best take care of your children when going through divorce. While child support does get reduced if the parent with the primary income has the children more than...

US marriage, divorce in UK - do I need to register my divorce in the US for it to be valid?

While your should always check with an attorney in the particular state in which you live for the specific requirements of that state, in general states do not maintain "divorce registries" so there is no need to register your divorce. However, depending where you remarry, you may have to satisfy the local authorities that your divorce was valie. The general rule is that if a divorce was valid in the country where it was entered, then it will be valid anywhere. At a minimum, be sure you have...

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