Arielle Perla Capuano’s Answers

Arielle Perla Capuano

Fort Lauderdale Family Law Attorney.

Contributor Level 9
  1. My wife will not sign divorce papers. What should I do?

    Answered almost 4 years ago.

    1. Arielle Perla Capuano
    2. John Arthur Smitten
    2 lawyer answers

    Being that Florida is a no-fault state, you can be granted a divorce, even if the other spouse does not want one. That being said, it is not an immediate process. Rather than going through the process for the simplified dissolution, you will need to file a petition for dissolution of marriage (and supporting documents) and actually serve them on your wife. You can always constructively serve her if you cannot locate her. If you obtain proper service on your wife, and she fails to answer your...

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  2. What should I do about this marriage?

    Answered almost 4 years ago.

    1. Arielle Perla Capuano
    2. Ayuban Antonio Tomas
    2 lawyer answers

    Divorce is nothing to joke about. If the marriage is irreparably broken, you should consider filing for divorce. Depending on each of your incomes and financial situations, you may be entitled to financial support of some sort. You should contact a local attorney to discuss your specific legal options. This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions...

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  3. Mediator VS Lawyer

    Answered almost 4 years ago.

    1. Arielle Perla Capuano
    2. Michael John Apicella
    3. Steven Alan Fink
    5 lawyer answers

    Your attorney is your advocate. It is your attorney's job to look out for your interests, and represent you zealously. You tell the attorney your goals in the representation, and the attorney devises a strategy, or game plan, for attempting to achieve those goals. A mediator, on the other hand, is a neutral third party, who usually knows little to nothing about your dispute. The mediator's job is to listen to both sides, review information given to the mediator, and try to convince each...

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  4. Can i take the visitation away??

    Answered almost 4 years ago.

    1. Arielle Perla Capuano
    2. Gregory Thomas Buckley
    2 lawyer answers

    It would not be proper for you to take visitation away for the nonpayment of child support. These two are separate issues, and both parents would have rights and responsibilities regarding each of the issues. The more appropriate solution would likely be a Motion for Contempt for not abiding with a court order. Feel free to contact me, or any other local, Florida Licensed attorney for more information. This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not...

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  5. How can I obtain immediate spousal support in Miami, FL when my husband has a hold of the house & business?

    Answered almost 4 years ago.

    1. Arielle Perla Capuano
    1 lawyer answer

    You may benefit from attempting to borrow money from family, or, if possible, using a credit card, to pay the initial retainer for an attorney, and having the attorney motion the court for temporary support and attorney's fees, based on the disparity of your incomes. You should consult with an attorney licensed in Florida for a more specific understanding of your legal options regarding temporary support and other divorce issues. This is NOT LEGAL ADVICE. It is intended for informational...

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  6. How can I get the father of my 1yo to pay his share? He lives in Haiti and travels back and forth on a Business Class Visa.

    Answered almost 4 years ago.

    1. Arielle Perla Capuano
    1 lawyer answer

    If you have never been married to the father of your child, you may want to consider filing a Petition to Determine Paternity, asking the Court to recognize him at the father of your child. As a part of the Petition, you would ask the court to impose a child support obligation. Each person's situation is distinct, so you may want to contact an attorney licensed in your state to discuss your personal legal options. This is NOT LEGAL ADVICE. It is intended for informational purposes only and...

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  7. Can you sue the mistress for knowingly breaking up a marriage? We live in FL and the affair happened in Hawaii where she resides

    Answered almost 4 years ago.

    1. Arielle Perla Capuano
    2. Ayuban Antonio Tomas
    2 lawyer answers

    Most likely not. However, you may be able to get reimbursement for half of any marital funds you can prove your husband spent on his mistress. This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

    1 lawyer agreed with this answer

  8. How do we get a finalized divorce, with a signed MSA, without a hearing?

    Answered almost 4 years ago.

    1. Arielle Perla Capuano
    2. Michael D. Fluke
    2 lawyer answers

    Generally, you would set a 5 minute "uncontested" hearing on your Judge's docket. This is usually done on the Judge's motion calendar. There are documents you will likely have to prepare before you attend the hearing, including the Final Judgment. But each Court and each Judge has different procedures, so you might want to call your Judge's Judicial Assistant for your Judge's specific procedures. Also, you can consider hiring a local attorney on an hourly basis (or a negotiated flat fee) just...

    1 lawyer agreed with this answer

  9. How do i respond to a paternity/visition suit without a lawyer?

    Answered over 3 years ago.

    1. Arielle Perla Capuano
    1 lawyer answer

    The most important thing you can do right now is file an answer to his Petition to Determine Paternity. If you do not file an answer within the prescribed time period, you admit all the allegations in his Petition. If you intend to put forward your own case, you will also want to file a CounterPetition. There are other documents you will need to file as well. Ultimately, you will either negotiate a parenting plan with the father of your daughter, or the Court will decide one after a trial if...

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  10. Can marital assets and liabilities be excluded from a divorce?

    Answered over 3 years ago.

    1. Arielle Perla Capuano
    2. Earl David Maxwell
    3. Joanna Marie Mitchell
    3 lawyer answers

    If you have no children together, you may benefit from filing a simplified dissolution of marriage. You will need to agree to and execute a Marital Settlement Agreement first. You will also need to file Financial Affidavits, but can avoid financial discovery exchange and streamline the process as much as possible. Many attorneys offer low flat fees for the preparation and filing of documents and representation at the uncontested final hearing for a simplified divorce. If you cannot afford an...

    1 person marked this answer as helpful