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Michael Paul Sampson's Answers
- 68 Legal Answers
- 0 Legal Guides
4
Attorney answers:
If I purchase a home after we marry, is it considered marital property even if I buy it myself?
Assets, such as a home, purchased during the marriage with separate funds that are traceable to funds or assets earned prior to the marriage, can still be treated as the purchaser's separate property. As one lawyer responded, in prenuptial agreements (by definition, executed before the parties marry), parties can specifically address how property acquired before and during the marriage will be handled in the event of divorce or death. Likewise, postnuptial agreements (by definition, executed...
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2
Attorney answers:
Divorce with 2 minors, cant find husband, pro se
The Florida Supreme Court has an excellent web site with family law forms and instructions for pro se litigants. www.flcourts.org. You didn’t say if the Texas petition was served on your spouse, was answered or was dismissed. You say you were “denied” in Dallas, but it’s unclear what that means. You didn’t say where the children have resided. If the case has been dismissed without any orders entered, then, for Florida to have jurisdiction to divorce you, one or both of you have to have...
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2
Attorney answers:
In Florida how far can one move from their ex-spouse with shared custody without asking permission from a judge?
In the absence of an order in your case or administrative order in your county or circuit prohibiting relocation, Florida's relocation statute, 61.13001, Florida Statutes (2011), definds "relocation” to mean a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of...
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2
Attorney answers:
How long is a temporary court order from a restraining order is to be followed?
A temporary court order for time-sharing and child support continues in effect until modified either by agreement of the parties approved by order of the court or by order of the court. If no temporary time-sharing schedule has been ordered setting forth each party's overnight and holiday time with the child, then a request that the court order a temporary time-sharing schedule may be needed. It seems from the question, however, that there is an order setting forth temporary time-sharing (...
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2
Attorney answers:
Is false swearing on and filing of an Affidavit of Diligent Search and Inquiry in a divorce proceeding considered perjury?
Perjury means someone makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter. Besides possible criminal consequences, a knowingly false affidavit of diligent search, as a predicate for constructive service of process, gives rise to an action under Florida Family Law Rule of Procedure 12.540 and Florida Rule of Civil Procedure 1.540 to set aside the final judgment for fraud. If the court were to set aside...
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2
Attorney answers:
Does the filing of a Motion for Rehearing of a Final Judgment of Dissolution of Marriage, toll the time for filing an Appeal
An authorized and timely motion for rehearing "tolls" the time for filing a notice of appeal of a final judgment of dissolution of marriage. The deadline for filing a notice of appeal is 30 days from "rendition" of the final judgment. Florida Rule of Appellate Procedure 9.020(h) defines "rendition" of an order. When an authorized, timely motion for rehearing has been filed, rendition of the final judgment is not completed until a signed, written order is filed with the clerk disposing of...
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2
Attorney answers:
My elderly dad remarried with no prenup.Both he & his new wife want to keep their assets separate.Will a post nup agreement work
The parties, if they have legal capacity, and after financial disclosures sufficient for each party to have a general and approximate understanding of each other's income, assets and debts, may enter into a valid postnuptial agreement. The agreement may identify and provide for disposition of each party's separate property upon divorce or death. In the agreement, they may recognize living trusts or other estate planning documents such as wills or trusts and provide for protecting...
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2
Attorney answers:
Does 2 overnights a week change child support in Florida?
The child support statute, 61.30, amended in 2010, provides for an adjustment for child support if the payor spends 20 percent or more overnights per year with the child. This percentage was reduced from 40 percent to 20 percent overnights. 2 of 7 overnights per week translates to 28.6% overnights, which would trigger the adjustment for a "substantial amount of time" being spent with the child.
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2
Attorney answers:
I filed an uncontested divorce in Florida. Do I need to bring a witness?
You will need to establish you have been a Florida resident for 6 months immediately preceding filing the petition for dissolution of marriage. Usually, a Florida driver license shows an issuance date 6 or more months before the date of filing. But sometimes, if the license has been reissued recently, then it won't prove the 6 months. You can prove residency by filing "an affidavit of corroborating witness" (see www.flcourts.org for the form) or by bringing such a witness with you to the...
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1
Attorney answers:
He looks at cross-dressed children and we are divorcing.
Unless the conduct you think is "bad conduct" (looking at pictures of cross-dressing men and children) has caused a loss (dissipation) of marital assets that can be quantified, such conduct is of questionable relevance to issues a domestic relations judge would have to decide. Each party's respective income and assets and debts acquired during their marriage are most relevant to a judge in deciding issues of property and support. Financial affidavits and other documents would be exchanged....
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