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Theodore James Rechel's Answers
Contributor Level 10
- 79 Legal Answers
- 0 Legal Guides
2
Attorney answers:
Exlusive use of the marital home, who is responsible for a/c repairs/new sod?
1. Leaky Air Conditioner: This is a repair. A repair is generally a "household bill". I would file a motion to enforce and get a court order for your husband to pay it. Alternatively, you could file a motion to clarify and get the judge to determine if its your or your husband's obligation. Make sure you get 3 estimates on the cost of repair for the court. 2. Grass replacement: See above. Same analysis. Maybe your point about his home ownership will work. Get it in front of the...
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2
Attorney answers:
Custody/divorce trial and written closing arguments.
There is always risk when you submit your case to the judge. Judges are people too and sometimes they consider things that maybe they shouldn't. That being said , most judges consider the appropriate facts and evidence and do a good job of following the law, and it sounds like your attorney has put you in a great position to win the case. Relax and trust your attorney.
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2
Attorney answers:
Parenting plan
File a motion for the court to enter a parenting plan, attach your proposed parenting plan to the motion. Set for a hearing. You don't have to agree on the parenting plan. If mediation is a requirement before going to a hearing, submit a motion to compel mediation and get an order thereon. If the ex fails to show to mediation, proceed to a final hearing on the parenting plan and and file a motion for contempt for failure to attend mediation.
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3
Attorney answers:
How does chid support work when the order was enforced in divorce court five years ago?.
Assuming you are an employee and not an independent contractor, as many truck drivers are, then the "wage garnishment", known as an income deduction order, will be entered against you. Your employer will deduct the child support payment from your payroll check. You will have to pay a minimal cost for this, the depository fees being approximately $5.50 per deduction. If your ex has filed a petition to modify child support, then your income will be determined, the guidelines will be...
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2
Attorney answers:
How should I handle this issue appropriately?
Have your attorney file a motion to compel the documents. Set a hearing and obtain an order from the judge requiring the documents to be produced. Request your attorney's fees to be paid as a sanction for failure to provide the requested documents.
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3
Attorney answers:
How long do you have to be separated in order to be considered legally divorced?
You are not legally divorced simply because you no longer cohabitate. You have to file a petition for dissolution of marriage and obtain a final judgment of dissolution singed by a judge to be divorced. Florida law no longer recognizes any "primary parent". There are only parenting plans and timesharing schedules. "Majority timesharing" is agreed to by the parties or awarded by the judges, but this terminology is not really authorized by the statutes. You can contact the courthouse,...
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4
Attorney answers:
My wife and I are not legally divorced, can she move out of state with my son without consent?
If there is no case filed and no previous final judgment order addressing "custody" type issues, ie timesharing, then technically she can leave with the kids without court permission. Get a case filed asap.
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2
Attorney answers:
How long is a temporary court order from a restraining order is to be followed?
1. Restraining order: Assuming no expiration time contaned in the order itself, the restraining order will be in effect until dissolved by the court, modified by the divorce final judgment, or otherwise modified by court order. 2. Florida does not recognize "primary parents" any longer, so the answer is neither you nor your husband is a primary parent. 3. If your husband fails to go to mediation, then set a final hearing to finalize the divorce. You need to consult with an...
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3
Attorney answers:
My spouse and I discussed me filing for divorce. Can I file simplified, no assest, children or joint accounts?
Yes, you can file a simplified dissolution. Yes, you can do it without his signature, but the petition must be filed and properly served on your husband. If you do not know where he is after a diligent search and inquiry for his address, then you can serve by publication. It is usually easier to just get the other party's signature. After all, there are no kids or assets.
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4
Attorney answers:
My husband wants me to sign a post-nup. He says that's the only way he will agree to marriage counseling.
OK so what I'm hearing is that your husband is concerned about crossing over the 17 year mark because of the presumption for permanent alimony that the law will impose on your 17th anniversary? And you want to go to marriage counseling and try to save your marriage without your husband worrying about being penalized if it doesn't work out. If I read this correctly, then you might consider a partial prenuptual agreement, stating just that: You and your husband agree to attend marriage...
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