Seth Robert Nelson’s Answers

Seth Robert Nelson

Tampa Divorce / Separation Lawyer.

Contributor Level 6
  1. How do I write a written responce to my divorce papers?

    Answered 7 months ago.

    1. Robert P Garven
    2. Seth Robert Nelson
    3. Earl David Maxwell
    4. William Charles Rosenfelt
    4 lawyer answers

    In the facts you have presented there are a lot of legal issues. First there is no shared custody in Florida. There is shared parental responsibility (making decisions for the kids). Second there is no custody or visitation in Florida. There is a parenting plan that includes parental responsibility and timesharing (where to the kids spend their time). The next issue I see is equitable distribution. You may be responsible pursuant to Florida Family Law for half of the marital debts...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Will my boyfriend's last wife(he is divorced from her) receive all if his possessions when he passes away.

    Answered 6 months ago.

    1. Cristin Jenise Silliman
    2. Seth Robert Nelson
    3. Astrid de Parry
    4. Dennis Michael Phillips
    5. Carol Anne Johnson
    6. ···
    6 lawyer answers

    If he has a will, then the will will control who gets his things. If he doesn't have a will then Florida Law has a list of people, in a specific order, that will get his things. A former spouse is not on the list. He may want to see an attorney to draft a will and other estate planning documents.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I want to go back to my maiden name

    Answered 8 months ago.

    1. Michael Vaghaiwalla
    2. Seth Robert Nelson
    3. Robert Jason De Groot
    4. David Alexander Browde
    4 lawyer answers

    To change your back to your maiden name you must file a petition for a name change. Because it is not part of your original divorce you will have to pay a new filing fee. The judge will ask some basic questions at a simple hearing. The questions are to determine that you are not "running from the law" or "avoiding creditors". You certainly have a good reason to change back so it shouldn't be a problem. Good luck.

    5 lawyers agreed with this answer

  4. My husband purchased a manufactured home and i am not on the loan but i am on the title do i get half if he sells the property ?

    Answered 7 months ago.

    1. William Charles Rosenfelt
    2. Sabina Tomshinsky
    3. Seth Robert Nelson
    4. Elliot Jay Goldstein
    5. Paula Brown Sinclair
    6. ···
    9 lawyer answers

    The home and your other assets and liabilities (the stuff you own and the money you owe) are subject to equitable distribution (being divided between you and your spouse). The stuff to be divided needs to be part of the marital pie (marital property). So if he gave you an engagement ring before you got married that rings is yours. It was a gift before marriage. Now back to to the house. You don't have to wait for it to be sold to get half. If he gets the house and it has equity then you...

    4 lawyers agreed with this answer

  5. How to compel answer to interrogatories and provide full mandatory disclosure in dissolution.

    Answered 7 months ago.

    1. Seth Robert Nelson
    2. William Charles Rosenfelt
    2 lawyer answers

    Your frustration is one of the most common in the family law practice. Courts use words like "Mandatory" but then it seems like it is not mandatory. It is fairly common for the Court to grant an extension or two. The key is to keep filing your motions and set them hearing. If you have a court order that says he is suppose to produce documents or answers or the like then you can also file a Motion to Show Cause. This means that you are asking the court for him to Show Cause why he should...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. If a divorced Mother remarries, & the Mother & her new spouse file a joint tax return, is the Father entitled to see joint retur

    Answered 6 months ago.

    1. Seth Robert Nelson
    2. Brent Allan Rose
    3. Jaiseery Arjoonsingh Jr.
    4. David L. Hirsch
    4 lawyer answers

    The general rule, under the mandatory disclosure rules, is that the opposing party can see the tax return; however you can argue that you do not have to release your husband's information because it is not relevant under the law regarding child support; also you can request that you only give your relevant information regarding income; There is case law on this type of disclosure that you should discuss with your attorney. I hope you found this helpful.

    3 lawyers agreed with this answer

  7. Going through a divorce and looking to fire my attorney to replace with a fire breather. Can we subpoena my previous attorney?

    Answered 7 months ago.

    1. Robert P Garven
    2. Seth Robert Nelson
    3. William Charles Rosenfelt
    3 lawyer answers

    I am unclear what information your want your current (or would be former) attorney to testify to in court. If you want a new attorney I would suggest talking to the new attorney and getting their thoughts on whether the old attorney needs to testify. But it would be very unlikely that an attorney would suggest the same.

    3 lawyers agreed with this answer

  8. Can a judge postpone a divorce at your hearing date

    Answered 5 months ago.

    1. Eric J Trabin
    2. Sabina Tomshinsky
    3. Seth Robert Nelson
    3 lawyer answers

    Yes, the judge can "postpone if for a couple of months." In the legal world we call that "abatement." When you go the the hearing, you may want to tell the judge that you want to work on your marriage for a few months. I would be shocked if the judge didn't grant you your request. I agree with the other posts that if you can call the judge's judicial assistant to give the judge a heads up, that would be helpful. I hope this was helpful to you.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. How will my wife losing her house affect us?

    Answered 7 months ago.

    1. Seth Robert Nelson
    2. Scott Michael Weiss
    3. Robert Jason De Groot
    4. William Charles Rosenfelt
    4 lawyer answers

    If I understand the facts correct; you are currently married; your current wife was previously married; when she was previously married she owned a house in New Jersey; By owned I mean she was on the deed; I am also assuming she was on a note and a mortgage securing the note. She is now going to "loose" the house. By that you mean the mortgage was not paid and the bank is foreclosing the property to take it back to pay back the note. If the note is paid back in full then her financial...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Representing myself filing for Divorce, husband has credit card debt

    Answered 7 months ago.

    1. Seth Robert Nelson
    2. Lisa Marie Vari
    3. Christine B. Adams
    3 lawyer answers

    You have three issues here. First, is how Florida Family Law handles debts and liabilities. If you and your husband agree that he will be responsible for the debt and sign a marital settlement agreement stating the same the Florida Family Law Court will most likely approve of the same. A lot of people put that each party will indemnify and hold the other spouse harmless from any debts they are taking. (see below). Second, is how the creditor (credit card company) handles the debt....

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

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