The fact that you feel "forecd" to sign the agreement says it all. Do NOT sign this agreement. His threat to change cusody to 50/50 is most likely an empty threat. Under Florida law in order to be entitiled to such a change he would be required to prove that a substabtial change of circumstances occured since the last court order dealing with parenting issues. You state that you have primary custody and that that issue was just resolved, so what has changed? Do not let him intimiate you. You...
The way the questioin is phrased is absolutly yes, if the court has personal jurisdiction over the parties that it is ordering to sell the property. The case you cite was litigated by my firm. We cited the "local action rule" and asserted that the court could not order the sale of propeerty outside of that court's geographical boundaries but the trial court found otherwise and the appellate court agreed.
Yes the court will still grant you a divorce. Regarding child suppoprt, you should serve him personally in California and assert that Floroida has jurisdiction over him because he previously maintained a matrimonial domicle in the State of Florida. That way the Florida court will have personal jurisdiction over him to award child support. The Court will not permit you to waive child support.
If you mean can the Husband's alimony request be denied, the answer is yes but based upon the facts presented that may not be a likely result. If an agreement were reached and the agreement provided for a waiver of alimony then the court would almost certainly approve that because an adult may waive support if so inclined. What might induce the Husband to do so may be an unequal distribution of assets in his favor or other considerations. There are many factors in this equation. The marriage...
Your first step should be a medical exam on yourself to determine if you have any type of sexually transmitted disease from contact with your Husband. If so, there are ways to sue your Husband for transmitting that disease to you. Next you should consult an experienced family law attorney and file a dissolution of marriage action which would include a request for child support. Alimony and property issiues should also be addressed in your petition. I am truly sorry for your situation.
You have the right to file a motion for clerk's default and, if service was had in the State of Florida, you can obtain a clerk's default.
Thereafter, you may ask the Court for a Final Default Judgment, but by that time, if there are assets, the opposing party will probably wake up and participate in the proceedings. Even if they do not, the Court may well award only what you are entitled to under the law anyway, instead of the opposing parties' share going to you.
Yes of course you may file an action seeking dissoultion of marriage. If he child was born during the mariage there is a legal presumtion that he is the father of the child even though he is refusing to sign the birth certificate. In your action there will be issues of "custody" or in legal terms timesharing and the payment of child support. You should consult with a family law attorney.
Of course you can. It is almost always the case that when you file an answer to the divorce petition you also file a counter-petition for dissoultion of marriage. Any loans against a marital assets should only be done with the approval of both parties. The holder of the 401(k) may even require the consent of the spouse in writting. An experienced family lawyer should be able to protect you from your spouse raiding marital assests during these proceedings.
No there are no provisions in the law that permit a Husband to require a former wife to stop using his name. In fact it is quite customary for a former wife, when there are children, to retain her marrried name so her last name is the same as the last name of the children. It sounds like he is just trying to intimitate you. You should have have a strong and experienced family lawyer to help you through this process.