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Jeffrey David Boston
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Jeffrey Boston’s Answers

445 total


  • I filed a divorce action against my husband, we only been married 3 years, no kids, no assets, the only thing we have is

    a chevy car in both of our names, and a $800 debt to brighthouse cable because my husband ran off with the cable box and i cant return it to brighthouse to stop them from billing me. I filed it, my husband was served, and never responded, i file...

    Jeffrey’s Answer

    Based on your being married 3 years, with no kids or assets (and no chance of alimony, really), it is likely that mediation will be all that is necessary to conclude your divorce action. After the two of you agree on everything (a reasonable assumption), all that will be necessary is a final hearing that should last 15-30 minutes and a final judgment of dissolution of marriage will be entered. Kudos to you for having a Chevrolet, founded and headquartered (GM, Detroit) in the United States of America.

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  • My ex husband has psychiatric inpatient history and I have a short time in a hospital psych unit years ago. We were divorced.

    Can we turn a divorce that has bee finalized by the divorce court into an annulment if we have a history of mental illness? Can we vacate the divorce and get an annulment instead by motion and petition for annulment? Will the judge approve it? Mar...

    Jeffrey’s Answer

    The answer to all three questions is no.

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  • Why would opposing counsel request a deposition for a divorce?

    I am in the process of getting divorce and opposing counsel has requested a disposition. Florida is a no fault state, so what is the purpose of the disposition?

    Jeffrey’s Answer

    A deposition is when an attorney asks an opposing party questions face-to-face. The individual being asked questions is allowed to have his attorney present (if he has an attorney). Depositions can last from under an hour to a half day, and sometimes are even longer. In divorces, they are rare due to the cost involved and the alternatives usually being sufficient to procure the desired information. Alternatives include Interrogatories (essentially a written deposition) and the more popular Request to Produce (sometimes titled Request for Production), as well as the standard Mandatory Disclosure (which can be waived partially or fully by the parties, but rarely is).

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  • What is the process/form needed to apply for "legal separation" in Florida, although I know that this is not recognized in court

    Spouse wants to separate, not contested divorce, mainly due to finances/income, health Insurance, and two kids. Pretty civil at this point so basically requesting what form is needed and does it have to be notarized? Postnuptial agreements as we...

    Jeffrey’s Answer

    Odds are it won't be as civil if you file for divorce. You can have the MSA, Parenting Plan, etc. all prepared, but if your husband wants to separate, but not get divorced until "later on" there is always the prospect of reconciliation. Things work out sometimes after a brief or even lengthy separation ("Absence makes the heart grow fonder"/ "You don;t know what you got until it's gone"). No forms are necessary at this time. No forms may be needed later. Good luck and God bless.

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  • I am an unemployed/student mother of 1 who is seeking a fixed rate family practice divorce lawyer in orlando fl?

    My husband already has legal representation and has sent me a petition stating false information, including we do not have any children.

    Jeffrey’s Answer

    Good luck and God bless. Unfortunately, individuals sometimes lie, and some lie foolishly as well, like in a petition that often is notarized with the notary having the fool swear to God that he has told the truth in the document before the notary's stamp of approval is affixed..

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  • How can I get a divorce with one signature and have a15 year old with with 76 old retired old man he hasn't seen my over 2 years

    And my son does not want to see at al...

    Jeffrey’s Answer

    You posted a query about 30 minutes prior to this one that states essentially the same facts, but you ask whether you can collect child support. Here, you are asking whether you can get a divorce granted "with one signature." I assume by that you mean by yourself, without the involvement of the 15-year-old son's father. The answer is no, unless you have no idea where the 76-year-old man resides or his whereabouts, and then you go through the process of a "constructive notice" divorce, which includes the filing of an Affidavit of Diligent Search and Inquiry, a Notice of Action, and a Motion for Default. It concludes with a final hearing, and at that there would be a divorce decree, but nothing in it of any substance (no child support, no timesharing, no alimony, etc.).

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  • To get a divorce with one signature and have a 15years old.do I have to file for child support when his father is a 76 years old

    And retired do I have to take him to court for child support???

    Jeffrey’s Answer

    From the words you used in your query, I gather that you have a 15-year-old child in common with your soon-to-be former spouse, whom is now 76. His age does not prevent you from receiving child support for the benefit of your minor child. The Florida Child Support Guidelines Worksheet will help you figure out the amount of child support particular to your case.

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  • Post divorce almost a year later my ex is now regretting it and wants to throw out our settlement agreement. Can she lying win?

    Uncontested divorce, we agreed to share custody 2 kids 17/9 and in liur of child support I pay the Fl Prepaid and half medical expenses. Kept the house and divided debt. I been the FT since she said she needed time to find herself and is going to...

    Jeffrey’s Answer

    Like most politicians, she may be all talk and no action. If she does choose to act, she'll get nowhere. After a family law case has concluded [typically with a settlement that is adopted by the court, which enters an order that the two parties are to abide by or face a possible contempt motion for any violation(s)], either party may a Motion to Modify time sharing, child support, or adult support (alimony) if there has been a significant, unanticipated, and permanent change in circumstances.

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  • Can a divorce be vacated and an order of annulment issued in its place if the person could not consent to being married.

    My ex husband had a long history of incarcerations in a mental hospital totaling three years, and I had about 90 days. Could that nullify the marriage as we were only married a month when we filed for divorce and can the judge take away the divorc...

    Jeffrey’s Answer

    If the divorce has been finalized with a Final Judgment entered by a judge, the answer is no. If no final judgment, you may voluntarily dismiss the divorce action and go for an annulment if you qualify for one.

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  • Our 10yr common law relationship has come to an end. My husband is refusing to repay a personal loan.

    Approximate value of the loan is $20,000. He has made monthly payments until this time. We jointly own a RV, and he says that I must wait until RV is sold until he repays the loan in full. For the past 10 yrs he has made monthly payments but is ...

    Jeffrey’s Answer

    Common law marriage ended in the late 1960's, and if you have a written or verbal contract regarding the loan and he is not paying it, you may sue in order to procure a settlement or a judgment. If he owes less than $5000, you may file a Statement of Claim in small claims court; if between $5000 and $15,000, you may sue in County Court. To nip it in the bud, you may want an attorney to send him a Demand Payment letter, and only sue if the letter does not work.

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