Wade Paul Luther’s Answers

Wade Paul Luther

Orlando Divorce / Separation Lawyer.

Contributor Level 8
  1. If there is no divorce and wife moves with common children out of state without husband's consent, is it abduction or not?

    Answered 10 months ago.

    1. Carin Manders Constantine
    2. Christopher Michael Taylor
    3. Tami Lane Augen
    4. Wade Paul Luther
    4 lawyer answers

    Assuming that you and the children lived in Florida for 6 consecutive months prior to your wife leaving, then it sounds like you need to file for divorce quickly. Once the children are gone for 6 months, Florida may loose jurisdiction. If you file in Florida in time, then the Florida judge has the authority to make your wife bring the children back to Florida. Wade P. Luther Orlando Divorce Lawyer www.FamilyLawofOrlando.com

    3 lawyers agreed with this answer

  2. How to go about a divorce with spouses in different countries.

    Answered over 2 years ago.

    1. Wade Paul Luther
    2. Juna Madray Pulayya
    3. Mary Katherine Brown
    3 lawyer answers

    The divorce in Finland will be recognized in the United States. Make sure that you review all of the documents that are filed in Finland. If you sign anything, you may be submitting yourself to the personal jurisdiction of Finland. This means that Finland may have jurisdiction to order you to pay money or assets to your husband. If he does not ask for you to pay anything in the divorce papers, then it should be fine. Just make sure you review and understand everything before you sign...

    3 lawyers agreed with this answer

  3. Can my signature from a handwritten mediated settlement be applied/copied to the final divorce decree?

    Answered over 2 years ago.

    1. Wade Paul Luther
    2. Charles Ray Maxwell II
    3. Juna Madray Pulayya
    4. Mary Katherine Brown
    4 lawyer answers

    Generally, once you sign the agreement, even if handwritten, it is binding. So if your attorney told you that you would not be bound until and unless you signed a typed agreement, that is incorrect. An attorney would need to review the court file to fully understand what happened in this case. It may or may not be worth spending the money to do that depending on the terms of what you signed. Setting aside a written agreement can be extremely difficult, but not impossible. You should...

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  4. Will there be other costs like court filing fees during my divorce, or are those included?

    Answered over 2 years ago.

    1. Wade Paul Luther
    2. Alejandro Rafael Lopez
    3. Brent Allan Rose
    4. Thomas R. Peppler
    5. Michael Ernest Chionopoulos
    5 lawyer answers

    In Orlando, there is a $408.00 filing fee and another $10.00 to have the summons issued if needed. If it is a contested divorce, there may be other significant fees related to court reporters, documents subpoena and process servers. Wade P. Luther Orlando Divorce Attorney Family Law of Orlando www.FamilyLawofOrlando.com

    2 lawyers agreed with this answer

  5. In the state of Florida can a wife sue her husband for filing for bankrupcy and forcing the family home into foreclosure? I was

    Answered over 2 years ago.

    1. Brent Allan Rose
    2. Wade Paul Luther
    3. David M. Vereeke
    4. Steven Anderson Leahy
    4 lawyer answers

    Probably not, but you really need to hear from a bankruptcy attorney. I am a divorce attorney. Bankruptcy is mainly federal law, while divorce is state law. Contact a bankruptcy attorney in your area. Wade P. Luther Orlando Divorce Attorney Family Law of Orlando www.FamilyLawofOrlando.com

    2 lawyers agreed with this answer

  6. If my ex declared bankruptcy, do I still pay legal fees?

    Answered over 2 years ago.

    1. Wade Paul Luther
    2. Alejandro Rafael Lopez
    3. Howard M Lewis
    4. Alan D. Walton
    5. Marshall Anthony Rutter
    5 lawyer answers

    First, you need to get in touch with the trustee to see if the trustee is claiming that the fees that you owe are an asset to be distributed to the creditors in the bankruptcy case. Second, you need to consult with a bankruptcy attorney to see if her filing bankruptcy impacts the money that you may owe her. Third, unless the MSA is clear that you pay her attorney's directly, do not pay them at this time. Once the above two questions are answered, if you still owe the fees, you may need to...

    1 lawyer agreed with this answer

  7. Obtaining alimony from marriage with abusive spouse

    Answered over 2 years ago.

    1. Wade Paul Luther
    2. Brent Allan Rose
    2 lawyer answers

    There are various forms of alimony that you may be entitled to receive. The judge must consider many factors to decide the amount and duration of alimony that may be ordered. The abuse can be considered by the court, although it is not a determining factor. The problem you will have is that it can take several months to obtain a temporary alimony order. During that time, if your husband is not supporting you, it can be extremely financially difficult. Wade P. Luther Orlando Divorce...

    1 lawyer agreed with this answer

  8. I got married in New York in 2005 for 2 weeks, I now (2011) want to get married in Florida. Is this legal?

    Answered over 2 years ago.

    1. Melissa Dawn Sosa
    2. Thomas R. Peppler
    3. Joanna Marie Mitchell
    4. Wade Paul Luther
    4 lawyer answers

    I agree with all above. A legal marriage requires a legal divorce. As I recall, the subsequent Florida marriage would be void and meaningless. Wade P. Luther

    1 lawyer agreed with this answer

  9. Is it worth showing the judge my estranged husband's gambling debts when the judge is dividing the debt from my college loans?

    Answered almost 3 years ago.

    1. Wade Paul Luther
    2. Andrew G. Storie
    3. Alan Smith
    3 lawyer answers

    Under Florida law, the division of property and debts between a divorcing couple does not have to be equal. If one spouse created addition debt by gambling, then it is possible for the judge to allocate more of that debt to that spouse. It is up to the judge as to whether she makes an unequal distribution based on all of the relevant facts. However, it is worth presenting the evidence to the judge so that your attorney can argue the point.

    1 lawyer agreed with this answer

  10. I am divorcing my husband. Both of us hold dual citizenship Canadian and American. We married in the USA. This has been an abusi

    Answered over 2 years ago.

    1. Juna Madray Pulayya
    2. Wade Paul Luther
    3. David Alexander Browde
    3 lawyer answers

    If both parties are in Florida and have lived here for more than 6 months, the divorce can be filed in Florida. You do need to seek legal advice. The date of filing the Petition for Dissolution of Marriage is the legal determination as to what is a marital asset and marital liability. You need to consult with an Orlando Divorce Attorney to see if filing sooner rather than later would benefit you. Wade P. Luther Orlando Divorce Attorney Family Law of Orlando www.FamilyLawofOrlando.com

    1 person marked this answer as helpful