Donald G. Criscuolo’s Answers

Donald G. Criscuolo

Fort Lauderdale Divorce / Separation Lawyer.

Contributor Level 9
  1. After 18 years of marriage and no career, what percentage of my husband's salary can I expect as alimony? And for how long?

    Answered 9 months ago.

    1. Donald G. Criscuolo
    2. Wendi L Hall-Gonzales
    3. Betty Elaine Jones
    4. Sandy Todd Fox
    5. William Charles Rosenfelt
    5 lawyer answers

    This is hard to answer without knowing more. Under Florida law specifically Fl. St. 61.08 because your marriage is greater than 17 years duration there is a legal presumption that any alimony would be permanent, assuming you have a need for alimony and he has an ability to pay. As far as the amount that depends on a lot of factors set forth in the statute. A very rough rule of thumb is sometimes about 30% on the low side and maybe 40 % on the higher side. But it could be less and it could be...

    10 lawyers agreed with this answer

  2. I am US citizen & my spouse is UK citizen. I live in Florida and he lives in UK. What is way to serve him with divorce papers

    Answered 11 months ago.

    1. Donald G. Criscuolo
    2. William Charles Rosenfelt
    3. Melissa Moore Stockham
    4. Carin Manders Constantine
    5. David Samuel Willig
    6. ···
    6 lawyer answers

    If this divorce will be uncontested then I presume your spouse will cooperate. There is no need to formally serve your spouse. He can simply file an answer to your divorce papers from the UK. The case may proceed uncontested to a final hearing.

    10 lawyers agreed with this answer

  3. I'm I entitled to any portion of a settlement from a lawsuit if I get divorced? I've been married 12 years.

    Answered 10 months ago.

    1. Donald G. Criscuolo
    2. Tami Lane Augen
    3. Ophelia Genarina Bernal-Mora
    4. Woody Robert Clermont
    5. Dave Kumar Roy
    6. ···
    6 lawyer answers

    This is a difficult question to answer without more information and even then it may be difficult to predict the ruling by a divorce judge. The Florida Supreme Court has ruled directly on point on this issue but the ruling is somewhat complicated. The short answer is if the damages recovered are for past lost wages during the marriage or medical bills incurred during the marriage that is a marital asset and therefore subject to distribution in a divorce. If the damages are for personal pain and...

    9 lawyers agreed with this answer

  4. I've been married for 8 years and am seeking alimony. I was told by a paralegal that I am not entitled.

    Answered 11 months ago.

    1. Sandra Kia Ambrose
    2. Donald G. Criscuolo
    3. Paul J Knudsen
    4. David Alexander Browde
    5. William Charles Rosenfelt
    6. ···
    8 lawyer answers

    The paralegal is not correct. Merely because the duration of the marriage is less than 10 years does not disqualify you from alimony. I would need to know a lot more before I could tell you about your chances of receiving alimony and in what duration and amount. Feel free to contacte me to discuss this further.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Questions about divorce mediation

    Answered 8 months ago.

    1. Tami Lane Augen
    2. Donald G. Criscuolo
    3. Gregory Thomas Buckley
    4. Penny Taylor-Miller
    5. Arica Lynn Braaten
    6. ···
    7 lawyer answers

    In a general sense your are always better off having an attorney as your advocate. The other side will approach mediation differently if if have an attorney as opposed to not having an attorney. The mediator cannot legally give you legal advice and without an attorney you are put in a difficult position. As far as cost goes, if the only service requested is for the attorney to attend a mediation the cost should be less than the fee you already paid. If no agreement is reached and a trial...

    7 lawyers agreed with this answer

  6. What is the most reasonable way to get divorced? I know it can be done on ones own but what to make sure it is due right.

    Answered 10 months ago.

    1. Brenda A Drake
    2. Ophelia Genarina Bernal-Mora
    3. James W Chandler
    4. William Charles Rosenfelt
    5. Donald G. Criscuolo
    6. ···
    7 lawyer answers

    There is no reason why you could not retain counsel to assist you with this uncontested matter. Your lawyer would file the petition, prepare an agreement, help you with your financial affidavit, nortice the final hearing, prepare the final judgment and attend the final hearing with you. Your spouse would need to sign the agreement, file an answer which would merely admit all the allegations of the complaint and file her own financial affidavit. One lawyer could not represent both parties due to...

    7 lawyers agreed with this answer

  7. My 'ex' was awarded the house in the divorce. He was supposed to refinance...he didn't. Now he wants to do a short sale.

    Answered 10 months ago.

    1. Carin Manders Constantine
    2. William Charles Rosenfelt
    3. Donald G. Criscuolo
    4. Ophelia Genarina Bernal-Mora
    4 lawyer answers

    You are in a tough position. You should have acted long ago and enforced his obligationto refinance after the initial 90 days passed. Now your credit is runied. If you fail to cooperate it will prolong your problems. If you do cooperate and a short sale is conducted you may be required to pay an income tax on a portion of the debt forgiven by the bank. There is a federal program to lessen that pain. There may be things you could file in family court. I would have to read your agreement before...

    5 lawyers agreed with this answer

  8. Family Law Financial Affidavit Mistake in Preparation

    Answered almost 2 years ago.

    1. Donald G. Criscuolo
    2. Gregory Thomas Buckley
    3. Robert Jason De Groot
    3 lawyer answers

    Of course you have the right to file an amended financial affidavit and probably should do so with a footnote explaining the error. As far as how the court will look at that, I cannot tell without knowing more but you should not proceed with a mistaken financial affidavit.

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  9. Floirda does not recognize Legal Separation..Can I still file a motion for support unconnected with a dissolution of marriage?

    Answered about 1 year ago.

    1. Gregory Thomas Buckley
    2. Donald G. Criscuolo
    3. Erskine Clark Rogers III
    3 lawyer answers

    Yes, of course you may file an action for support unconnected with a dissolution of marriage as per Fl. St. 61.09. In such an action the court would establish a timesharing schedule for the minor children, if any, and require the payment of alimony if the court finds that you have a need and the opposing party has the ability to pay. This action is almost the same as a divorce but there is no adjudication of property rights and no dissolution of marriage. You should consult an experienced...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Live in Atlanta, received divorce summons from Florida.

    Answered over 1 year ago.

    1. Donald G. Criscuolo
    2. Erskine Clark Rogers III
    3. Karen Tallent Munzer
    4. John P Wallace
    4 lawyer answers

    You should not file an answer. If you never lived in Florida , the State of Florida has no jurisdiction over you, By fiing an answer you waive your right to chalange jurisdiction and will then be forced to litigate the alimony issue here in Florida. Instead, you should file a Motion To Dismiss For Lack of Personal Jurisdiction. You should assert in that motion, which should be sworn to, that you never lived in Florida and further attach copies of your Tennessee driver's license, voter's...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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