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Cindy S. Vova

Cindy Vova’s Answers

22 total

  • My husband moved out (We've been having irreconcilable differences).

    We have two kids together and my other two kids has his last name. I do not want child support. Another thing is my kids said he said he left for California but since I have no proof that he did I told the court I don't know where he is so I put o...

    Cindy’s Answer

    Even if your husband moved to California, you can still get divorced in Florida. It would be in your children's best interest to find out where he is in California and have him served personally so the Florida court can award child support. Even though you don't want support, you cannot voluntarily waive receipt of it since it is a right for the benefit of your children. Whether he left or not, as the father he has a legal (not to mention a moral) obligation to provide for the children. And last time I checked, kids are expensive to maintain, so you should pursue getting all the help you can by serving him.

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  • Bigamy Question: Husband didn't divorce wife in Morocco B4 Moving to USA where he married me - is this still considered bigamy?

    He was born (in 67) in and married in Morocco in (in 97). My husband emigrated to the US from Morocco in 2003 but had not officially divorced his wife. He has since married me legally in the state of FL. He had told me that he was divorced in Moro...

    Cindy’s Answer

    Yes and yes. You should consult with local family law counsel to help get you out of this mess. An immigration attorney can help you with the other matter, but he is not legally married to you he cannot use you as his wife to obtain residency in the U.S.

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  • My wife and I agreed to a divorce. we have a 14 yr old. I am in recovery and am 8 months clean. can she use this to get custody?

    we originally filled out paperwork online and agreed to 50/50 custody. now that I have moved out, I still stay in contact with my son, but she refuses to let him see me. her choice not his. she has already threatened me about changing the original...

    Cindy’s Answer

    First, you are to be applauded for getting the help you need and staying with it! As my colleagues state, unless the paperwork you filed became a court order it is subject to change. However, you do not indicate how long ago you filled out this paperwork. If it was before you sought help or during the past 8 months that you've been in recovery, it seems that your wife was not concerned at that time for your son's safety...why now?
    You should retain counsel now who has experience in dealing with clients in recovery. That attorney should be able to help you get time sharing now and in the future. In the interim, you should keep track of your requests to see your son and when and why your wife is denying same.
    Surely a judge wants to make sure your son is "safe," but there are many way safeguards can be put in place and still let you enjoy time with your son.
    Good luck to you and keep up the good work.

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  • Florida divorce without a state ID

    My situation is as follows. My husband and I got married roughly six months ago. I now need to file for divorce. The problem is that I cannot get any of the papers notarized, because I do not have a US state ID or license. I do have an internation...

    Cindy’s Answer

    As long as you do not have children your petition for dissolution of marriage need not be notarized. Therefore, you can file it with just your signature (or your attorney's signature). Then, at the time you go for your final hearing, you can bring a friend, relative or co-worker who has know that you've lived continuously in the state of Florida for six months before you filed your petition for dissolution of marriage to act as your witness for residency purposes. But make sure that when you actually FILE the petition you have continuously lived in Florida for six months prior to filing. You must meet that requirement.
    Good luck to you.

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  • What is considered overnight time sharing hours in divorce custody?

    i trying to plan out a time sharing schedule. my husband would have children from saturday 4.30pm to sunday 11.45pm and monday 4pm-11.45pm. do i still have the majority of overnight?

    Cindy’s Answer

    Yes you do. For better or worse (pardon the pun) Florida law views overnights in a literal fashion...meaning that overnight includes from the previous night until when the child wakes up to begin the next day. Under the scenario you describe, your husband would have only one overnight per week- Saturday night.

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  • Divorce with one party being a non-citizen outside of US

    My mother is needing to divorce her husband but the issue is that she is currently unable to return to the united states to do so. I am her son (of a different marriage) and reside here in the US, my question is if there is any way i can do all th...

    Cindy’s Answer

    You do not mention where your mother's husband lives. If he lives in Florida, then Florida would have jurisdiction to hear the case. One of the parties must live in this state, so if the husband does, and he cooperates, then the dissolution can be completed here without your mother returning.

    Cindy Vova, Esq.
    The Law Office of Cindy S. Vova, P.A.
    8551 West Sunrise Blvd., Suite 301
    Plantation, FL 33322

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  • How are attorney fees awarded in child custody cases?

    My husband and I are breaking up. I don't have much $ and all the attorneys i have spoke with want a 1500-2500 retainer, and charge average of 250/hr. I have a little bit of $ saved but now what this battle is going to cost. My husband triples my ...

    Cindy’s Answer

    In Broward county, many of the judges are inclined to award fees based on your pro rata share of incomes. Thus if you husband makes three times your income, there is a good argument to make that he pays 66 percent of your reasonable fees. There are various other considerations which require a more in depth analysis. Your attorney can request temporary fees when filing the initial pleadings on your behalf. If this is done, a fees hearing can be requested thereafter. It usually takes at least two months or longer to get this hearing. I would be happy to discuss this in more detail with you. We offer a free consultation. My number is 954-316-3396. My associate attorney will be in all next week to assist. Her name is Penny Miller.

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  • If my attorney filed a notice of appearance and is out of town (out of the country) can I still file an emergency motion, pro se

    I anticipate the worst behavior from our child's father (who is out of state) and will probably need an emergency motion to return our child to the state of florida. Do I need to wait for my attorney to come back or should I get another attorney? ...

    Cindy’s Answer

    In Broward County a "child emergency is a matter of imminent or
    impending abuse, neglect or abandonment affecting the health, safety, or welfare of a
    child." As my colleagues suggested, if your attorney's office cannot assist you or refer you to a colleague while your attorney is gone, perhaps you should consult with another attorney on a limited basis. However, although it is unnerving if your child's father does not ensure your child is returned on the designated date, a court may not view this as an "emergency."
    Good luck.

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  • What are my rights in a divorce as a woman? Been married for three years and was given jewelery no pre nuptial

    Married under Islamic law came as immigrant husband hid everything from bankruptcy court in laws kept all jewelery and wedding ring married three years no kids what can I get from him?

    Cindy’s Answer

    Under Florida law you have a "short term" marriage. You don't indicate whether you or your husband are employed. However, in the event your husband earns more than you (and again, it depends on the numbers) a Florida court could award you bridge-the-gap alimony for a period of up to two years. There are other types of short term alimony that may be available, but without more facts it is difficult to predict. Additionally, if there are assets and/or debts acquired during the marriage, these are typically divided, with 50/50 being the starting point. However, since you indicate that your husband has already been dishonest with the bankruptcy court, don't plan on him being any more honest with the family court.
    You also indicate you are an immigrant. Not knowing your legal status to stay in the US, you may want to consult with an immigration attorney first so that the divorce does not have an adverse effect on your immigration status.
    Our office has handled many similar cases in Broward County and South Florida.

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  • I was served a restraining order. I need a lawyer to show up in court. I have been "burned" by lawyers who have not showed up

    I am currently on probation. I really need a lawyer to defend me at this hearing, because the woman who filed the order really wants me to violate the probation so she can get custody/alimony/etc. All the lawyers I have talked to want me to pa...

    Cindy’s Answer

    • Selected as best answer

    Before you hire an attorney, get referrals from others who used the attorney in the past. Nothing beats a personal referral. I hope the attorneys you speak with tell you more aboout how they plan to handle your case than just that they will "show up." For example, will they subpoena witnesses, need to depose the petitioner, etc. You don't indicate if you've merely spoken with attorneys over the phone or actually met with them. You need to meet with the attorney and, as my colleagues said, there are serious ramifications for an attorney who is hired to represent a client and simply doesn't show up. In 28 years I've never missed a hearing. I like to think my colleagues subscribe to the same oath that I took when admitted to the Bar.
    There are good attorneys out there who give their all to a client. You just have to do your homework. Good luck.

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