Brent Allan Rose’s Answers

Brent Allan Rose

Tampa Family Law Attorney.

Contributor Level 20
  1. Can a newly divorced father move in with his girlfriend and have his children sleep over there on his weekends?

    Answered over 2 years ago.

    1. Brent Allan Rose
    2. Daniel A. Bachert
    3. Robert Jason De Groot
    4. Ophelia Genarina Bernal-Mora
    5. Marian Audrey Lindquist
    6. ···
    6 lawyer answers

    No law prevents it, and it's actually a pretty common occurence. She may find it unwise and immoral, and I'm sure many people would agree with her, but it doesn't meet the legal standard to make any changes to the parenting plan.

    16 lawyers agreed with this answer

  2. If one party is going to go to an attorney for divorce filing . Is there anyway I cannot get divorced

    Answered about 1 year ago.

    1. Brent Allan Rose
    2. Gregory Thomas Buckley
    3. William Charles Rosenfelt
    4. Natalie F Guerra-Valdes
    5. Richard Scott Chizever
    5 lawyer answers

    Florida is a no-fault state, and the divorce process take between one month and several months, and it can even take a year or two in more complex cases. Much of the divorce process is fighting over splitting property, money, debt, and dealing with kids. But the issue of whether the ending the marriage will occur cannot be fought. If one spouse wants to end the marriage, the marriage will end.

    15 lawyers agreed with this answer

  3. What documents need to be finalized in a divorce from the other party?

    Answered 12 months ago.

    1. Brent Allan Rose
    2. Brenda A Drake
    3. Tami Lane Augen
    4. Ophelia Genarina Bernal-Mora
    5. Edward Brandon Beckham
    5 lawyer answers

    I suggest you speak with Ms. Drake about your case. It appear that mediation is the norm there (it's mandatory in most of the large counties in Florida), and now you've been ordered to complete mediation. Plus, things like financial affidavits aren't just necessary "in the eyes of the court," they are mandated by the Florida rules. I'd be fairly certain Ms. Drake can help you in finding the quickest way to a temporary hearing on child support and timeshare, and, for that matter, your divorce,...

    14 lawyers agreed with this answer

  4. I live in Florida my spouse resides in Virginia prison I would like a divorce how do I do it

    Answered about 1 year ago.

    1. Brent Allan Rose
    2. Jordan Gerber
    3. Ophelia Genarina Bernal-Mora
    4. William Charles Rosenfelt
    5. John Arthur Smitten
    5 lawyer answers

    Serving divorce paperwork on an out-of-state prisoner is a complicated procedure. You might be able to figure it out with the help of a private process server, but it's probably best to use a lawyer. You won't have to use a lawyer for the entire case (though it's probably not a bad idea), you can use the lawyer just to help you with the out-of-state service.

    14 lawyers agreed with this answer

  5. Is a bodily injury settlement considered martial assets? accident happened during marriage case settled after seperation.

    Answered about 1 year ago.

    1. Brent Allan Rose
    2. Ophelia Genarina Bernal-Mora
    3. John Arthur Smitten
    4. Joseph Julius Registrato
    4 lawyer answers

    Good question, and it's a little complex. It depends on how the settlement breaks down, which is hard to judge because settlements aren't usually broken down, they're just in one lump, undivided sum. A spouse is entitled to one-half of an injury settlement that represents lost wages, half the portion paid out for surgery and so forth, but not the portion that represents pain and suffering. In other words, the smaller portion gets split between spouses, but the larger portion would not get...

    13 lawyers agreed with this answer

  6. Can I file for a divorce? If so under what grounds can I use?

    Answered about 1 year ago.

    1. Brent Allan Rose
    2. Michael Charles McGinn
    3. Dean George Tsourakis
    4. Elliot Jay Goldstein
    5. William Charles Rosenfelt
    6. ···
    7 lawyer answers

    You can use the ground, "The marriage is irretrievably broken.” That ground works for any divorce in Florida, and all it means is that you've decided not to be married anymore.

    13 lawyers agreed with this answer

  7. Removing Dad's Name from Home Ownership

    Answered almost 2 years ago.

    1. Marcos P Martinez
    2. Brent Allan Rose
    3. Astrid de Parry
    4. Gregory Herman-Giddens
    5. Carol Anne Johnson
    6. ···
    6 lawyer answers

    It's not an act of Congress. In fact, the actual transfer is pretty simple and can sometimes be accomplished with all of you signing a quit-claim deed. But there are other issues, like taxes, homestead exemption, etc. You should talk to a lawyer, and especially mention that one of the reasons you want to do this is because of your father's possible liability. Sometimes, just taking something out of a person's name doesn't protect the asset because the transfer can be seen as fraudulent.

    13 lawyers agreed with this answer

  8. Can one start a business as a non lawyer and help people with there divorce .

    Answered 12 months ago.

    1. Tami Lane Augen
    2. Dean George Tsourakis
    3. Brent Allan Rose
    4. Ophelia Genarina Bernal-Mora
    5. John Arthur Smitten
    6. ···
    7 lawyer answers

    Many states, including Florida, choose not to prohibit independent paralegals (paralegals who don't work for lawyers) or "non-lawyers." My mother did it for 20 years in the area you posted from (Tampa), and she made quite a career out of it. The other lawyers are right to caution you, though. There are strict laws in Florida and elsewhere against giving legal advice without a having a law license, and I'm not sure the laws are always clear. Various courts (like the nation's bankruptcy courts)...

    Selected as best answer

  9. Is it OK to file bankruptcy without an attorney?

    Answered 8 months ago.

    1. Brent Allan Rose
    2. Christine B. Adams
    3. Shaye Larkin
    4. Richard D. Granvold
    5. Robert Jason De Groot
    6. ···
    11 lawyer answers

    It's legal, but yes, it's really dumb. Attorneys will allow you to make payments so that you don't have tp pay all the money up at once. You don't want to risk something as important as $80,000 without a lawyer's help.

    12 lawyers agreed with this answer

  10. Is it illegal and can I go to court for having a girlfriend after my divorce?

    Answered 9 months ago.

    1. Brent Allan Rose
    2. Gregory Thomas Buckley
    3. Carin Manders Constantine
    4. Robert M Chambers
    5. Alan James Brinkmeier
    5 lawyer answers

    Sometimes it can be an issue if your girlfriend is spending the night while your son is spending the night. Judges may consider that if your divorce case is pending and the judge is deciding which overnights the child is spending with each parent. Of course, it's always an issue if the girlfriend is causing physical or psychological harm to your child. But, as a general rule, you are welcome to date. and your child's being "ready" is not an issue. You may want to speak with the psychologist...

    12 lawyers agreed with this answer