Teresa S. Abood-Hoffman's Answers

Is it legal for me to add a last name from my fathers side of the family?

Florida courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county which she resides. Fingerprints will be required as well as the petitioner's personal information such as name, age and residence of spouse, children, parents. The petitioner's occupation and employment for 5 years. The petitioner's profession and eduction. General names of the petitioner including nicknames, and if petitioner has ever filed for bankruptcy,...

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What should my response be to the petition for divorce ?

You may qualify for pro-bono services at your local legal aide clinic to help you answer the petition. Many lawyers volunteer their time to help people who can't afford a lawyer. If you don't qualify for legal aide services you can contact the attorney who represents your husband and request an extension of time to file your answer. Make sure you get the extension in writing and file that with the court. Either way you need to answer the petition within 20 days from the date you were...

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What should I do?

One of the most difficult problems in a marriage can be financial stress. It is possible that he is thinking without you and the child the financial stress will be gone. In Florida, however, both parents are required to contribute to the financial costs of raising the child even without any income. Often the Judge will impute income if one party is not working based on what he or she could be earning. It is also possible that with counseling your marriage can be saved and this should be...

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Who drives and where to during Parental Timesharing?

The time sharing with the children is determined by a Parent-Contact Schedule that is generally agreed to by both parties, or if not, can be Ordered by the Court. The court will take into consideration the fact that the parents live 150 miles from each other, and sometimes this can affect the visitation schedule because it will likely also be hard on the child, and not necessarily in the child's best interest to be communting back and forth often. If one parent is doing all of the driving the...

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I am married to a man who misrepresented himself for the duration of our marriage. He and I would like to dissolve our marriage.

You may have grounds for an annulment. Annulment is not governed by statute or rule. It is a common law action in equity to terminate a void or voidable marriage. Only the innocent party may seek an annulment. A marriage may be annulled on the grounds that your consent was wrongfully procured by fraud, or concealment. You could also dissolve your marriage through the conventional channels by filing a Petition for Dissolution of marriage and the only grounds needed for that is that the...

Is there any way I can protect myself as a wife in case of divorce if I sign a prenup to my fiancée?

You should never sign anything without knowing your rights. Prenuptial agreements are upheld in Florida but upon certain conditions: 1) that you each have fully disclosed all of your assets and debts to the other (so that you have full knowledge); 2) that you each have separate counsel; and 3) that you have sufficient time to consider the consequences (i.e. you are not signing on the way to the church). Please hire an attorney to advise you of your rights without the prenuptial and the...

What should my response be to the petition for divorce ?

You may qualify for pro-bono services at your local legal aide clinic to help you answer the petition. Many lawyers volunteer their time to help people who can't afford a lawyer. If you don't qualify for legal aide services you can contact the attorney who represents your husband and request an extension of time to file your answer. Make sure you get the extension in writing and file that with the court. Either way you need to answer the petition within 20 days from the date you were...

What should my response be to the petition for divorce ?

You may qualify for pro-bono services at your local legal aide clinic to help you answer the petition. Many lawyers volunteer their time to help people who can't afford a lawyer. If you don't qualify for legal aide services you can contact the attorney who represents your husband and request an extension of time to file your answer. Make sure you get the extension in writing and file that with the court. Either way you need to answer the petition within 20 days from the date you were...

What should my response be to the petition for divorce ?

You may qualify for pro-bono services at your local legal aide clinic to help you answer the petition. Many lawyers volunteer their time to help people who can't afford a lawyer. If you don't qualify for legal aide services you can contact the attorney who represents your husband and request an extension of time to file your answer. Make sure you get the extension in writing and file that with the court. Either way you need to answer the petition within 20 days from the date you were...

Estate transfer if trustee dies

I agree with Mr. McKinney regarding the fact that the trust your Grandmother left will control who gets the assets if your father dies. Generally the trust will state that a distribution will be received only if that beneficiary survives, and sometimes it will skip a generation, in that the assets will provide for those beneficiaries during their lifetime (income and principal from the assets) and on the death of that beneficiary it passes to their children or a charity. Again the trust will...