Frederick Lincoln Pollack’s Answers

Frederick Lincoln Pollack

Tampa Divorce / Separation Lawyer.

Contributor Level 15
  1. How divorce with children is decided in Florida if respondent is served but fail to appear?

    Answered about 1 year ago.

    1. Frederick Lincoln Pollack
    2. Robert Jason De Groot
    3. Tami Lane Augen
    4. Richard Scott Chizever
    5. Elliot Jay Goldstein
    5 lawyer answers

    If the Respondent is served and does not file an answer within 20 days, you can have the Clerk of Court enter a default against the Respondent and should be able to proceed to set a Final Hearing by default, for the Court to adopt the relief you requested in your petition & proposed parenting Plan. However if the Respondent moves to set aside the default, the could should (and likely) will set aside the default so he/she can defend the petition, enter a late answer, etc., so the issues (...

    15 lawyers agreed with this answer

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  2. Does respondent's relocation to another state affect jurisdiction of pending petition for injunction for against violence?

    Answered about 1 year ago.

    1. Robert Jason De Groot
    2. Frederick Lincoln Pollack
    3. A. Russell Smith
    4. Elliot Jay Goldstein
    4 lawyer answers

    It should not affect subject matter jurisdiction, though it may pose some other issues with actually getting the Respondent served with the injunction.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can mother file emergency petition for child support in Florida?

    Answered about 1 year ago.

    1. Carin Manders Constantine
    2. Arica Lynn Braaten
    3. Frederick Lincoln Pollack
    4. Christopher Daniel Leroi
    5. Lee Alan Thompson
    5 lawyer answers

    The quick answer is that absent truly exceptional circumstances, it is unlikely that establishing a support obligation would be considered an emergency. There are filing fees associated with filing a Petition to establish the support obligation, but it may be waived, or paid under a payment plan (depending upon which circuit you're filing in) if the filer completes paperwork and is granted indigent status. Part of the reason why child support is not typically even thought of as an emergency...

    9 lawyers agreed with this answer

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  4. Mediation and Court Hearing

    Answered about 1 year ago.

    1. Frederick Lincoln Pollack
    2. Michael Charles McGinn
    3. Gregory Thomas Buckley
    4. Arica Lynn Braaten
    4 lawyer answers

    Everything said at the Court ordered mediation is privileged and may not be repeated/brought up to the Court unless the other side waives the privilege. There are a few exceptions - such as new found allegations of child or elder abuse, actual criminal acts perpetrated at the mediation etc. However, as a general rule the mediation is confidential - as that confidentiality is what encourages people to speak freely and make offers that they would otherwise not, in hopes of settlement.

    9 lawyers agreed with this answer

  5. Does a mistress / girlfriend have any rights to personal property in florida...

    Answered about 1 year ago.

    1. Frederick Lincoln Pollack
    2. Marian Audrey Lindquist
    3. Edrea Meryl Grabler
    3 lawyer answers

    As part of a Family Law proceeding, since the two of you were not married, you will be entitled to very little from him beyond establishing child support, the obligation to provide insurance for the child, a division of any uncovered/uninsured medical expenses for the child, a potential division of extracurricular activity expenses/private school expenses (if those are ongoing), and perhaps attorney's fees, if there is that significant a disparity in incomes & ability to pay. There is no "...

    9 lawyers agreed with this answer

  6. We've been married 3 weeks and I'm very unhappy already. How do we Annul or divorce?

    Answered about 1 year ago.

    1. Frederick Lincoln Pollack
    2. Wendi L Hall-Gonzales
    3. Carin Manders Constantine
    3 lawyer answers

    Unless you can prove that the marriage itself was void from the start (e.g. he was still married to someone else at the time you wed, etc) you would need to prove that there was fraud in the inducement (or some other reason) AND that you have not consummated the marriage - if you are going to pursue an annulment, otherwise you'll need to pursue a Dissolution of Marriage. However, keep in mind that to pursue a Dissolution of Marriage you'll need to honestly testify under oath that you believe...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. After a case mgmt. hearing where my husband requested a simplified divorce and I didn't agree, the hostility began.

    Answered about 1 year ago.

    1. Frederick Lincoln Pollack
    2. Robert Jason De Groot
    3. Arica Lynn Braaten
    4. Michelle Rene Fernandez
    4 lawyer answers

    The quick answer is that a petition can be denied without a hearing, if upon review of the allegations in the pleading they fail to state a cause of action upon which relief may be granted. So if you didn't say the right things or plead the right basis, the Court would be required to deny the temporary injunction. You should take your draft & denied petition, along with the temporary injunction that was granted against you for a consultation with an experienced Family Law attorney in your...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Is a 95 item "request to produce documents" response in a re-opened modification case excessive/oppressive? It is my petition.

    Answered about 1 year ago.

    1. Frederick Lincoln Pollack
    2. Michelle Rene Fernandez
    3. Carin Manders Constantine
    4. Tami Lane Augen
    4 lawyer answers

    As long as there are financial issues open & pending in the case, then the documents covered by Mandatory Disclosure (Rule 12.285) are what must be provided. Unlike Interrogatories, there is no fixed number of items that can be sought via a Request to Produce - so it is entirely possible that there could be a 95 item RTP. That being said, there is ample case law that each of the Requests must be reasonably calculated to lead to admissible/relevant information and that it cannot seek virtually...

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  9. Do you have to get a divorce in the same county you married in?

    Answered 12 months ago.

    1. Frederick Lincoln Pollack
    2. Arica Lynn Braaten
    3. Hernan Hernandez
    4. Robert Jason De Groot
    5. Ophelia Genarina Bernal-Mora
    5 lawyer answers

    No. An uncontested action may be filed in any county within the state. A contested action must be filed in the county where the parties last resided together as husband and wife with the intent to remain married (if that was within Florida), unless a party files somewhere else & the respondent does not oppose the venue selection.

    8 lawyers agreed with this answer

  10. I went to mediation in family court yesterday, and it was deemed an impasse. Can I contact the mediator with a question now?

    Answered about 1 year ago.

    1. Frederick Lincoln Pollack
    2. Sean Patrick Lewis
    3. Jonathan Aaron Weinman
    4. Elliot Jay Goldstein
    5. Arthur Richard Troell III
    5 lawyer answers

    You should be able to speak with the Mediator if he/she allows that - it's up to them. Keep in mind that he/she cannot give you legal advice - they were there as a neutral 3rd party and cannot take sides, and the Mediator should've explained the confidentiality about the mediation at the start of the mediation.

    8 lawyers agreed with this answer