David M. Caveda's Answers

Do i Have to file a non-military affidavit for my default divorce case in florida?

If you are asking the Clerk of Court to enter a Default and thereafter a Judge to enter a Final Judgment After Default against your spouse due to their failure to file any pleadings in your divorce case, then you must file a sworn Affidavit of Military Service (get form here: http://www.flcourts.org/gen_public/family/forms_rules/912b.pdf) where you swear or affirm under oath that your spouse was not a member of the armed services of the United States during the preceding 30 days. The purpose...

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If my husband and I are separated, will I still be insured by his health insurance?

You have the same legal right to be insured under your spouse's health insurance policy while separated as you do prior to separation. It is only as of the date of entry of a Final Judgment of Dissolution of Marriage that your right to be insured under your spouse's health insurance policy ends. However, at that time you may be entitled to continued health insurance coverage under COBRA or mini-COBRA for up to 36 months. Call (866) 444-3272 for more information about COBRA. Spouses who...

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What if the petitioner/spouse is not going to appear for final hearing ?

Assuming the agreement you and your husband signed and filed addresses all issues between you and him, your husband's presence is not required at the final hearing if YOU were a Florida resident six months before the date he filed the petition for dissolution of marriage and you attend the final hearing. You should bring your Florida Driver License with you to the final hearing IF the issue date on it is prior to six months before the date of filing. Otherwise, you should have a friend of...

How do I go about requesting a re-hearing on my divorce and can I request a diferent judge preside over it

The request for a re-hearing is governed by Florida Rule of Civil Procedure 1.530, which states in relevant part that "A new trial may be granted to all or any of the parties and on all or a part of the issues. On a motion for a rehearing of matters heard without a jury the court may open the judgment, take additional testimony and enter a new judgment. The motion for rehearing must be served not later than 10 days after the date of filing of the judgment. You must then schedule a hearing on...

Can i collect money from the military under my ex deceased military retirement pay that i did not know was due to me

Your situation can be broken down into two separate questions: First Question: Do you have any legal recourse to seek payment from the estate of your deceased former husband for your court-ordered share of the military retirement benefits that were paid to him while he was alive, but that he did not pay to you? Second Question: Can you receive benefits under his Survivor Benefit Plan (SBP), notwithstanding the fact that his widow is receiving those benefits now and was presumably...