Donald G. Criscuolo’s Answers

Donald G. Criscuolo

Fort Lauderdale Divorce / Separation Lawyer.

Contributor Level 9
  1. Can my Ex make me change my last name?

    Answered over 1 year ago.

    1. Gregory Thomas Buckley
    2. Michael Costantino
    3. Donald G. Criscuolo
    4. Peggy Margaret Raddatz
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

  2. What are the different ways of filing for divorce?

    Answered almost 2 years ago.

    1. Michael Costantino
    2. Donald G. Criscuolo
    3. Daniel A. Bachert
    3 lawyer answers

    Thus in no seperate type of a divorce to file but there is a "simplied" divorce procudure that you can initiate that has less burdensome paperwork requirements. Basically you should probaby just file for a divorce and as the case progresses an agreement may be reached. If that is the case (which happens in about 90% of all cases) then you can schedule a hearing on the judge's uncontested calandar and recieve your Final Judgemnt of Dissolution of Marriage that same day. If there is no agreement,...

    2 lawyers agreed with this answer

  3. My husband and I own Business together together we started. He Set up another bank account, hijacking big profits coming.

    Answered almost 2 years ago.

    1. Marcy S. Resnik
    2. Donald G. Criscuolo
    3. David Alexander Browde
    4. Daniel Seth Williams
    4 lawyer answers

    You could possibly get an injunction depending on how strong the facts are in supporting an assertion that he is intentionally trying to divert or hide the money. That could be part of an action for dissoultion of marriage. It sounds like this business would be considered a marital assst and therefore subject to distribution between the parties, presumly in equal protions. No, a contgency fee is not permtted in divorce matters. It sounds like you shoulkd consult with an attorney ASAP. If served...

    2 lawyers agreed with this answer

  4. Divorce agreement

    Answered about 2 years ago.

    1. Donald G. Criscuolo
    2. Lucreita D. Becude
    3. Jeffrey B. Lampert
    4. Amanda Salcido
    4 lawyer answers

    It would be somewhat expensive to go through the courts. You could file an enforcement motion and assert that you believe that she has not paid because she has refused to supply you proof. Once the motion is filed, you would have the right to serve a subpoena on the HOA. However there may be a better way. If you still own the unit together with your former spouse, the HOA should deal with you directly. Simply call them and ask them the status of the account on your unit. If you no longer own...

    2 lawyers agreed with this answer

  5. Is this co-mingling of marital and non-marital assets after separation takes place?

    Answered over 2 years ago.

    1. Jason Brian Phillips
    2. Jeffrey B. Lampert
    3. Michael Costantino
    4. Donald G. Criscuolo
    4 lawyer answers

    You most certainly should not comingle marital and non marital money until after the divorce is finalized. It sounds like she will take the position that the money that was initially split is already divided. After all she could have taken more than half but left the other half for you. If you increase the balance of your half with non marital money that will place that money in danger. Once the divorce is finalized, your money is now free to be co mingled without danger.

    2 lawyers agreed with this answer

  6. Last year my husband's lawyer served me divorce papers. I didn't sign, we decided not to divorce. Do we need to rescind?

    Answered over 2 years ago.

    1. Brent Allan Rose
    2. Kristopher Robert Reilly
    3. Donald G. Criscuolo
    4. Peggy Margaret Raddatz
    5. David L. Hirsch
    5 lawyer answers

    If it was never filed there is nothing to "recind" and the proper legal term is dismiss. If it was filed and not served within 120 days from the date of filing, then it is subject to dismissal by the court. If it were to be dismissed by the court due to lack of going forward the petitioner, the person who filed it, would be notified by mail.

    2 lawyers agreed with this answer

  7. Once a divorce mediation is signed .notarized .and is filed. with the court. but not finalized by a judge can it be changed ?

    Answered 25 days ago.

    1. Ergio I. Fernandez
    2. Denise Martinez Scanziani
    3. Donald G. Criscuolo
    4. Andrew Y. Kim
    4 lawyer answers

    In general the answer is no. Once a mediation is signed by both the parties and their lawyers, if they have lawyers, the agreement is binding and may not be modified. The exception would be the portions of such an agreeemnt that related to children such as custody and child support are able to be modified. If one or both of the parties hads no lawyer, then the rules provide for a 10 day periord to consult with a lawyer and file an objection to the agreement. Based on the facts set forth in your...

    1 lawyer agreed with this answer

  8. Is there such a thing as legal separation in Florida?

    Answered 26 days ago.

    1. Sabina Tomshinsky
    2. Steven David Miller
    3. Christopher Michael Taylor
    4. Robert Jason De Groot
    5. Donald G. Criscuolo
    5 lawyer answers

    Yes there is such a thing but it is called an action for seperate manitanance and support. No divorce can be entered in this type of action so you will reminn married. Also, the court cannot make any type of property distribution. The court will only deal with children issues such as timesharing (custody), child support and alimony. The court may also award attorebey fees. You should consult with a experienced family law attorney so you understand the what the remidies are in such an action and...

    1 lawyer agreed with this answer

  9. Florida, can you set-aside judgment from a Financial Affidavit that omitted pension? 95% value of assets was omitted.

    Answered 5 months ago.

    1. Robert Jason De Groot
    2. Mark Theodore Tischhauser
    3. Donald G. Criscuolo
    4. Veronica Alicia Silva
    4 lawyer answers

    The answer is yes. But you should not sit on your rights. The more time that passes after you learn of this misrepresentation and you do not file something with the court, the harder it will be to prevail. I would like to know more. Were you represented? Were documents provided in Mandatoery Disclosure that omitted this pension? Is the pension marital? Were interrogatores answered? You should consult with an experienced family law atttorney.

    1 lawyer agreed with this answer

  10. Will wife receive 25% of actual value of home? Currently, four are on the note - mortgage & deed.

    Answered 5 months ago.

    1. Donald G. Criscuolo
    2. Michelle Rene Fernandez
    3. Robert Jason De Groot
    4. David L. Hirsch
    4 lawyer answers

    It sounds like you are correct in that the "marital" portion of this home will be 50% and the starting point for dividing marital property is equal and the 50% marital interest may well be divided equally and therefore 25% to each spouse. Each spouse also has an obligation to pay their fair share of any obligations associated with the property like taxes and insurance and homeowners, if any. The other people on the deed, I assume your and your spouse, may also file a partition lawsuit to force...

    1 lawyer agreed with this answer

954-462-9797