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Lisa Marie Vari
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Lisa Vari’s Answers

639 total


  • How do i obtain legal representation for a divorce in florida if i am indigent and have been denied legal aide

    separated sine aug 2013, I am a disabled veteran and was deemed "Unemployable" but do not yet receive "TDIU" from the VA. I have a limited "fixed income" a whole $1496 a month where as my estranged husband is making over $6000 a month. I do NOT r...

    Lisa’s Answer

    If you are unsure of his address you can serve him via publication. From there you will be able to proceed with the divorce. If he does not respond within the time period a default will be entered against him and the court will divorce you. This, however, would not take care of the financial issues because it will be difficult to enforce any monetary relief the court grants you if his whereabouts are unknown. You should consider contacting a different legal aid organization in your area for assistance with your case. Consider calling the Bar Association in the County in which you reside as they may be able to put you in contact with an attorney that can assist you. Best of luck.

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  • I have a son living with me.He is unemployed. I am on SS. I am thinking of signing him up for obanacare ins. to cover him .

    I own my home and do not want his creditors bugging me ..No, my name is not on anything of his.. Should I pay for his ins.????If he doesn't have ins and gets sick,I know they will want me to pay..

    Lisa’s Answer

    It sounds like your son is an non-dependent adult (18 or older). If so, this is not a child support question and is better answered by an attorney who practices guardianship or an area similar.

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  • Is Writ of Bodily Attachment just for first payment or each payment every month?

    I was issued an order to pay $419 within 10 days of it becoming an order (which was signed by the judge yesterday) or a Writ of Bodily Attachment will be issued? I am just wondering if the writ of bodily attachment is only for this first payment t...

    Lisa’s Answer

    It depends on what the order says, but usually once you pay the purge amount stated, the writ will not issue. If you continue to pay late, you may continue to face contempt claims.

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  • When is a guardian ad litem assigned in a parent responsibility/time sharing case in florida?

    Does it have to be in a case that involves violence, abuse, drugs or do judges assign them in cases where parents can't agree on a parenting plan? will he just make his own parenting plan rather than going through a GAL?

    Lisa’s Answer

    A party can request that a GAL be appointed for good cause, which can be something other than violence or abuse. Even if a GAL is appointed, the judge is not bound to follow the GAL's recommendation on a parenting plan. If no GAL is appointed and the parents cannot agree on the parenting plan, the judge will ultimately decide what is in the best interest of the children.

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  • Can birth father be "unknown" on divorce with minor child when child not common to both parties?

    Asking for a friend of mine that isn't fluent in English. She and her husband are ready for uncontested divorce, no assets or debts, separated since 2011. After separation, she traveled across Europe and had been involved with several men but has ...

    Lisa’s Answer

    I agree with my colleagues. Under Florida law her husband is considered the legal father of the child due to the fact that they were married at the time of the child's birth. Therefore, during the divorce process the Court will treat the child as if he was the biological son of both the husband and the wife.

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  • Can my ex wife at any point in time ever come back and try to get money from my savings. Even after alimony is over?

    We are already legally divorced and I have 1 year remaining on alimony.

    Lisa’s Answer

    I agree with the responses provided by my fellow Florida family law attorneys. If she files a petition for modification you should contact an attorney for guidance in order to attempt to dismiss this action.

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  • Can my husband use his friends' statements as third party evidence against me in a divorce?

    My husband makes a habit of disclosing to his work friends the ins and outs of our relationship. I am on the waiting list with Legal Aid to assist me in divorce (since I have no income). The only person I have confided in has been my mother, who b...

    Lisa’s Answer

    Statements from third parties are hearsay. If third parties have personal knowledge of events that occurred between you and your husband (not something he/she heard from you or your husband), those third parties may testify as to what they witnessed (i.e. your mother may testify that she saw your husband push you off of a bed). It is up to the judge to weigh the credibility of the witnesses, and if believed, domestic violence incidents can be considered in determining time-sharing. Domestic violence and/or the character of a party may be irrelevant to the issue of child support, but of course it depends on circumstances not shared in your inquiry. Once a lawyer is assigned to you, be sure to share all information with him/her so that he/she can guide you in presenting your evidence in the best way possible. Best of luck to you.

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  • Divorced parents, one moves out of school zone. Where do the kids go to school

    We have 50/50 custody of both kids

    Lisa’s Answer

    There should be a statement in your final judgment/parenting plan as to which parent's address will be used for purposes of school boundary determination. If not, and a dispute arises between the parents as to what school the children should attend, a motion may need to be filed in court to address this issue. Shared parental responsibility dictates that the parents confer and agree on all major decisions affecting the children, including removal from their current school.

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  • Does my spouse still have to sign a final disposition form along with filing the final judgment since he is a petitioner?

    I have a final hearing for an uncontested divorce coming up in FL. It was filed originally with my husband being the petitioner. I then filed a counter petition with the help of a lawyer and he then submitted an answer/waiver back. I am now allo...

    Lisa’s Answer

    You should ask the attorney representing you, but generally final disposition forms are not required to be filed by the parties in family law cases.

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  • I would like legal advice on changing my name legally, but using my maiden name professionally.

    I am trying to get legal advice regarding changing my name after marriage. I would like to legally change my name from "sarah morgan" to sarah morgan smith"(2 last names), but professionally, I would like to be able to legally fill out paperwork, ...

    Lisa’s Answer

    In my opinion you should choose one name and use that name for all business and personal matters. Having two different names can cause unnecessary problems and confusion for you down the road, especially when both the last names Smith and Morgan are quite common. Ultimately the choice is yours, but in my personal opinion you should choose one name and stick with it.

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