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Thomas D. Marks

Thomas Marks’s Answers

31 total

  • Can my husband take my car?

    My husband and I have decided to get a divorce, he is bitter and angry because of the situation and keeps threatening me to take my car that is in his name. I am not on the car however I make payments with my account every month as I've done for t...

    Thomas’s Answer

    Most Counties now in Florida have Administrative Orders that go into effect immediately once the Divorce action is filed and served on the other party. That would mean that your spouse would be prohibited from taking the car from you and he would be in Contempt of the Administrative Order if he does. You should check with an experienced family law attorney in your jurisdiction to see exactly what your rights are in this regard.

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  • Can I get my dog back from my ex husband if it was not put in the divorce papers?

    My ex husband and I agreed to split custody of our dog and split his costs which I have been paying him the past few months. There was no mention of the dog in the divorce agreement. This agreement was made by text message. I own the dog. He is mi...

    Thomas’s Answer

    Technically, the dog is considered an asset of the marriage. I am a dog lover and it seems funny to me that the dog is considered property, but he is. So if the dog was purchased during the marriage with marital funds, then he is a marital asset. If you cannot reach some agreement with your former husband you would have to file a motion with the court to ask the Judge to make a ruling on this asset. I have seen Judges enter timesharing arrangements for pets when the parties cannot agree.

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  • How can I quickly divorce, and with the least amount of trouble?

    Hi. I live in Florida, and have been married to a European immigrant for 26 months. I sponsored him, and he has his first Greencard which expires in July 2016. I wish to get divorced. (we do not have any children, property, or debts together) ...

    Thomas’s Answer

    You can file for a Simplified Dissolution of Marriage in Florida as you have no minor children. Your Husband cannot stop you from getting a Divorce in Florida. If he is willing to go down to the Courthouse with you and complete the forms you can do this without an Attorney. However, I would suggest you at least meet with a Family Law Attorney for an Initial Consult before you move forward so you will know what your rights are.

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  • Can my ex will his portion off our house to someone else?

    I own half interest in my home . can my ex will his portion to someone else?Our previous wills left everything to each other but we are now divorced & he has aa new will saying he wants everything to go to his grandchildren from a previous marriag...

    Thomas’s Answer

    This is an interesting situation. On the one hand, your spouse can certainly put in his will who he wants to leave his estate to but on the other hand if the house is titled in your joint names by the entireties with right of survivorship, the house may pass by operation of law directly to you outside of his estate if he dies before it is sold. It appears the risk is greater on his side than yours. If you sell the house prior to his death, then he would get the one half net proceeds or his heirs would then receive those net proceeds upon his death.

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  • Can my husband kick me out of a house that was bought during our marriage

    My husband told me he wanted a divorce just after Christmas. He has been having an affair for a year. We bought a house together, we had just moved my elderly mother in with us. The house is in his name only because of a VA loan acquired on the...

    Thomas’s Answer

    Your husband sounds abusive at least emotionally and will apparently try to bully you into doing what he wants with verbal threats. You do not have to move out unless a Judge says so. If your husband makes substantially more than you, you may be entitled to alimony and attorney fees. You will likely need an attorney to help you enforce your rights.

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  • Is there a way to prevent him getting half if we split and also on the other side to hold him accountable for paying the mortga

    My husband and I are buying a house and my name will be the only on the mortgage since he has no credit. We live in Florida. Is there a way to prevent him getting half if we split and also on the other side to hold him accountable for paying the m...

    Thomas’s Answer

    One thing I would add to the prior answers you received here is that if you split in the future and your husband's name is not on the mortgage, that would avoid the need for you to refinance the mortgage to get his name off the debt. So there is actually an advantage there for you. Another thing you might want to consider is that if you take the home in the divorce proceedings rather than selling it and equally splitting the net proceeds, then you would be responsible for all realtor's fees and closing costs if you sell the home after the divorce in the future. If it sells during the divorce proceedings then each of you would be responsible for one half of the realtor fees and closing costs.

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  • What are the reprucutions? What can I do to protect myself? Is this contempt of court? How do I stop this?

    It was agreed upon in mediation that spouse would give 24 hours notice before coming to what was the family home(he now lives elsewhere) but would not give occupancy. He still came and took stuff out of the home, which he also agreed not to do.

    Thomas’s Answer

    If this agreement was reached at Mediation, then the Mediation Agreement should have been attached to an Order or Final Judgment entered by the Court. If that was done and there is a Court Order, then as long as the Order is clear and you can establish the violation, then your spouse could be held in Contempt.

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  • Husband filed a motion to withdraw judicial default against him. Wouldn't it be in my favor if the default stayed in place?

    Filed for divorce almost three years ago and was only married about 5 months and never lived with him or shared anything. He said he couldn't have children and lied about who he was. He was abusive and was sexually abusive towards my 8 year old an...

    Thomas’s Answer

    Your case has some very significant issues. If your Husband was "sexually abusive towards your 8 year old" then I hope you reported that to the authorities. The Judge would want to know about that in the Trial. Although Judges and our system want to give litigants their "day in Court" your Husband will have to show excusable neglect in requesting the Default be set aside. I would oppose his request for a number of legal and tactical reasons. He has apparently sat on his hands and equitably speaking, taken too long to request relief from the Default.

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  • Looking for divorse attorney

    my syster is looking for a divorce attorney in the orlando a the orlando area, she is close the the airport. im looking for a good taker

    Thomas’s Answer

    Yes, AVVO is a great resource to find an Attorney who can help your sister. There are also other Attorney rating sites like Martindale Hubbell that can be helpful.

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  • Can I live in the same house and serve my husband divorce papers ? If I leave will I lose rights towards my house? alimony?

    I have been legally married 20 yrs. I stayed in a miserable marriage because of my daughter. She has always been manipulated my husband. She is now 18 and I pleaded with her to move out with me.. but she refuses. I dedicated my life to her. I can...

    Thomas’s Answer

    You can certainly stay in the marital home when you have him served with Dissolution of Marriage papers. It may be an uncomfortable situation being in the same home and you want to avoid any allegations of Domestic Violence. Your daughter is of legal age and so she can make her own decisions. Is she graduated from high school? There may be some Child Support left until she graduates. You have a long term marriage under Florida Law, so depending on how much you and your Husband earn, there may well be alimony available in the case. You will not lose your rights to Equitable Distribution by moving out of the marital home.

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