Erskine Clark Rogers III's Answers

Erskine Clark Rogers III
West Palm Beach Divorce / Separation Lawyer.
Contributor Level 10

2

Attorney answers:

  1. Erskine Clark Rogers III
  2. John Arthur Smitten

Can I be required to travel to another county for a civil (divorce) deposition.

Asked by a user in Zephyrhills, FL - about 1 month ago.

Generally a witness cannot be compelled to attend a deposition outside of his county of resdience.

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2

Attorney answers:

  1. Erskine Clark Rogers III
  2. Donald Lamar Cobb

How can a divorce be nullified?

Asked by a user in Tarpon Springs, FL - almost 2 years ago.

You don't give many facts and as with all legal postings the information provided is for informational purposes only. You should consult with a qualified attorney for your particular situation. However, if your Divorce in Pinellas County was indeed illegal, you should be able to have the court set aside the final judgment of dissolution of marriage. There are a number of grounds to set aside a final judgment. For some of those grounds the motion to set aside the final judgment of dissolution...

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Attorney answers:

  1. Erskine Clark Rogers III

Spouse files for annulment was married to third party child is involved what's the best thing possible outcome.

Asked by a user in Fort Lauderdale, FL - 4 months ago.

If a party is legally married to another, the second marriage is invalid or void. If you have a child, there will still be issues of timesharing parental rights, and child support regardless of the validity of the marriage. If the Respondent is unemployed you probably will not be able to make the respondent pay all the court costs and lawyer fees. Good luck

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2

Attorney answers:

  1. Erskine Clark Rogers III
  2. Theodore W. Robinson

My Ex-husband has filed a Contempt of Court motion.

Asked by a user in Celebration, FL - over 2 years ago.

In Florida only obligations associated with support ( child support, alimony, and debts related to support) are enforceable by contempt. If the debts are related to property distributions then contempt will not lie. If your former husband has paid these obligations then he would be entitled to a money judgment, but he would stand as any ordinary creditor and have to collect that judgment like any other creditor.

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4

Attorney answers:

  1. Erskine Clark Rogers III
  2. Alicia Almansa Roman
  3. John Arthur Smitten
  4. David Alexander Browde

My boyfriend wants a divorce from his wife, and I have some questions.

Asked by a user in Spring Hill, FL - 5 months ago.

Whenever I hear people ask a lot of questions, or very open ended questions like, "what will a judge do?" or "What can I expect?" I cringe. As I and others have said before, divorce is a very fact intensive undertaking. Often knowing the right questions can be more important than knowing the answers. Only an experienced family lawyer can provide you with the right amount of counseling and information necessary for your boyfriend to make the right decisions concerning divorce. Often in a...

2 lawyers agreed with this answer

3

Attorney answers:

  1. Dana Elaine Quigley
  2. Erskine Clark Rogers III
  3. Howard M Lewis

CAN YOU HAVE TWO SEPARATE CONTEMPT ORDERS ON TWO DIFFERENT VIOLATIONS?

Asked by a user in Boynton Beach, FL - 9 months ago.

you may want to file another contempt charge on another matter, or supplement your pending motion. There is a lot of strategy to divorce litigation, and it is important to discuss your with a competent family law attorney.

1 lawyer agreed with this answer

2 people marked this answer as helpful

3

Attorney answers:

  1. Andrew G. Storie
  2. Erskine Clark Rogers III
  3. John Arthur Smitten

Do i have a lawsuit, can i speed this up?

Asked by a user in Spring Hill, FL - 2 months ago.

I have found that many pro se litigants have a basic misunderstanding of the court system. They wonder, as you do, why no one "helps" them and why the judge cannot get involved in a problem solving manner. While there are many services such as "self help" centers and legal aid programs to help the pro se litigants, the judge is not one of those services. The court is essentially passive, and the judge acts more like a referee than a police man. The judge cannot "help" one side or the other....

1 lawyer agreed with this answer

4

Attorney answers:

  1. Howard M Lewis
  2. John Arthur Smitten
  3. Erskine Clark Rogers III
  4. Timothy Michael Goan

Do I have to pay my husband alimony?

Asked by a user in Wesley Chapel, FL - 4 months ago.

Wheher or not the court will award your spouse alimony, and if so; for what duration and amount, like many divorce issues, fact intensive. Florida Statute 61.08 lists the factors for the court to consider. There is a presumption that a marriage of 17 years is long term so that factor (b) is not in your favor, but there are 9 other factors for the court to consider. I suggest you take a long and honest look at all the factors, and then review the matter with an experienced family lawyer....

1 lawyer agreed with this answer

4

Attorney answers:

  1. Erskine Clark Rogers III
  2. Royce Brent Bishop
  3. Mary Katherine Brown
  4. David Alexander Browde

Left my own house to avoid problems to escalate into domestic violence.

Asked by a user in Miami, FL - 6 months ago.

I agree with the above excellent answers which recommend counsultation with an experienced family lawyer. Divorce is often a complex mixture of law, psychology and morality. General questions such as "what should I do?", "what will the court do?", "How can I protect myself", usually require a consultation with an experienced family lawyer inorder to determine the best action for each individual. Despite all of the forms, guidlines and detailed statutory provision, divorce matter still are...

1 lawyer agreed with this answer

2

Attorney answers:

  1. Erskine Clark Rogers III
  2. Jason Brian Phillips

Non community property state

Asked by a user in Boca Raton, FL - 7 months ago.

I assume you are talking about Florida. The first issue is whether or not the house is non marital. If the house is in your name only and all of the funds to purchase the house came from a source unrelated to the marriage (i. e. inheritance or pre marital money), and there was no commingling then the house would be non marital. You don't say if your spouse is obligated on the note and mortgage, if there is one. The next issue is whether of not there has been any enhancement to the non...

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