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Joseph Julius Registrato

Joseph Registrato’s Answers

1,553 total


  • What if you lie on divorce forms

    A

    Joseph’s Answer

    Great question, actually, probably on the minds of many. Start with this: They are not forms. They look like forms, the bureaucrats tell you they're forms, you can find them in a "form book," but they are not forms. They are actually Sworn statements. The penalty for lying when you are sworn to tell the truth is jail, plain and simple. So there is a high price to pay. But wait, there is more. If you lie you can lose a bundle on alimony, property rights, custody of your kids, and attorney's fees, they can get you for that, too. Then, there is also the possibility that if your spouse finds out after the divorce that you lied, he or she can have the whole divorce set aside and you'll have to start over again, only this time they'll know you were lying. So big risk, no gain.

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  • If I open up my alimony because I've lost my job, and I then find a new job making more money (the divorce has been final

    for a few years) will I have to pay more alimony or just what was specified in the divorce documents

    Joseph’s Answer

    First, a major principle. Alimony is not modifiable just because you lose your job. There must be a substantial change in circumstances that is "permanent, unanticipated, and material." A lot of people have a hard time with this but there it is. It is very difficult to climb the hill, the burden is great, it's hard to modify alimony. Get a lawyer before you do anything, please, because there's lots more things you don't know about hiding in those law books.

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  • Put off my boat where I live by wife during divorce by domestic, now she will not leave the boat, no contact order. homeless

    boat is not an marital asset

    Joseph’s Answer

    I think the story is you lived on a boat that you owned before marriage and now your wife has gotten a domestic violence injunction and you can't go near the boat so you're homeless. Pathetic. You need to get into divorce court sir, where the injunction can be modified and you can get it straight. You need a lawyer, sir.

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  • How to get DV charges dropped, and or will recanting or saying the event never took place cause me to go to jail? How long?

    My boyfriend has a history of aggravated battery and drug possession charges with intent to sell, etc. What if I used his past history against him and called the police for a DV report? I had bruises they photographed. If I go to recant, or say th...

    Joseph’s Answer

    Let's see if I've got this right. Your boyfriend, who has a history of agg battery, beat you up and you reported it and he's in trouble. What you want to know is how to retract the report without getting in trouble yourself. You might not realize this, but this is one of the most frequently asked questions lawyers see on this site. Victims seem hell bent on helping out the abuser at their own expense, in the usually mistaken belief "He won't do it again." Ma'am, if I were a betting man I would put a lot of money on the opposite. He will beat you up again, and much sooner than you think and much worse next time and much worse next time after that. But you didn't ask for that advice, you want to know how to stay out of trouble if you say you lied when you said he hit you. Prosecutors and cops have heard your story a million times, so it's no surprise to them. Truth is, you could get in trouble if they think you're lying and of course they're going to know you are because this is like every day stuff. So you're basically on your own. By the way, if you haven't seen the movie "Burning Bed" starring Farrah Fawcet, you ought to catch it if you get a chance.

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  • Motion to dismiss protection order denied. Wife and I want to reconcile, can we move to another State?

    My wife got a protection order for a year and I still have to deal with pending criminal charges. However wife want to give me a chance because we love each-other and this was my first offense. She tried to dismiss the order but judge denied and ...

    Joseph’s Answer

    You need a lawyer, sir. Hard to get through all these things by yourself, as you have found. The order is valid wherever you go and you can not deal with criminal charges from another state. If you do, there will be a warrant out for your arrest that will also be good in every state. Lots of people say they can't afford a lawyer. Okay, then, be prepared to live with the consequences, which could easily be going to jail.

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  • Florida - I attended a court ordered mediation for my divorce and we came to an agreement.

    The mediation agreement was filed and the judge later signed an order approving mediated stipulation. At the status/final hearing, my spouse decided she had a problem with a financial distribution. Because we both did not agree to this being a fin...

    Joseph’s Answer

    Mediation agreements in divorce an other civil cases are contracts that are enforced or invalidated under a long line of cases that look at whether the parties were dealing at arm's length, whether financial disclosure had been made, and all the other factors that go into deciding whether a contract should be enforced. There are dozens of questions that will come up. Principles of contract law is what it's about. Where do I start? The first contract cases go back hundreds of years in English common law and contract law continues to evolve to this day. How complex has the evolution of humans been? Same with contracts. Farnsworth has an excellent treatise on contracts if you want to read up on it. There are dozens of others. Spend a couple of weeks in the law library at any good law school like Stetson or the University of Florida. Then you'll have a better idea what you're up against. Reminds me of the question from the man who wanted to fix his own faucet, but didn't realize he had to shut off the water before starting.

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  • Motion for Modification of Injunction for Protection Against Domestic Violence DENIED. What to do???

    I filed for a Protection Order back in February when my husband was removed from our home. It was made final in April so it has been 6 months in total of having no contact with my husband. He still has criminal charges pending, the hearing ...

    Joseph’s Answer

    It is sad but true that our system of laws and procedures is difficult, complex and confusing. That's one reason there's a lawyer on every street corner. Chances are, your request for modification would have been granted if you had drafted it correctly. But then, as the other lawyers have pointed out, you'd still be in a pickle because of the criminal charge. But if you're going to give him a "second chance", you might want to talk to the prosecutor about that case, too. Your chance of success on either or both cases is about the same as your chances of building a rocket to the moon, yet people want to save those pennies. My advice: hire a lawyer. You might be surprised how affordable it is. Many lawyers have payment plans because they want to make it possible for you to hire them. By the way, giving him a "second chance" in the domestic violence case is touchy. You mentioned a toddler. How would you feel if giving him a "second chance" meant the Department of Children and Families thought you weren't protecting your toddler and therefore the child should be taken FROM YOU??? This is not merely a rhetoric question. Again, I would seek advice before doing anything.

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  • How can I file for divorce by myself and make it the "simplest form" and the quickest?

    I married a woman who was physically and verbally abused in her last marriage and she became what he was to her, to me. After almost 2 years, I couldn't take anymore and left her. She told me that she had filed for divorce, but come to find out, s...

    Joseph’s Answer

    There are forms you can copy from the Internet or buy at the courthouse. Some people get through it okay, others do not. "Simple as possible" and "least costly" are sometimes lost in the maze of confusion about financial disclosure, setting hearings, marital settlement agreements. If you want "simple as possible," find a lawyer who will do it for a flat fee. Doing it yourself might not be "least costly" by the time you're done. But, as I said, there are ways to do it.

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  • If I wanna get a separation & divorce from my husband but I don t have the money to put a lawyer can I force my husband to pay ?

    I live in tampa florida I don t have the money to put a lawyer can I force my husband to pay for my lawyer and court expensive?

    Joseph’s Answer

    Maybe. It depends on your husband's income and assets compared to your's. Call a family law attorney for a free consultation.

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  • If I lose on an eviction summons in Tampa, Florida can I appeal to a different court?

    I have filed an answer & counterclaim on an eviction summons including my monthly rent on deposit at the court. I have a great deal of evidence proving illegal rental practices & retaliatory conduct including: 1. letters from the landlor...

    Joseph’s Answer

    Appeals of court decisions is a specialized area of the law that requires specialized knowledge and experience. If you want to have any chance at succeeding, hiring a lawyer. Pro se litigants at the appellate level might as well be building a rocket to the moon without any training as an engineer.

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