Theodore James Rechel’s Answers

Theodore James Rechel

Tampa Divorce / Separation Lawyer.

Contributor Level 10
  1. My husband wants me to sign a post-nup. He says that's the only way he will agree to marriage counseling.

    Answered almost 3 years ago.

    1. Theodore James Rechel
    2. Juna Madray Pulayya
    3. Alan Smith
    4. Melissa Dawn Sosa
    4 lawyer answers

    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...

    3 lawyers agreed with this answer

  2. Exlusive use of the marital home, who is responsible for a/c repairs/new sod?

    Answered almost 3 years ago.

    1. Theodore James Rechel
    2. Cheri Lynn Hobbs
    2 lawyer answers

    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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  3. Custody/divorce trial and written closing arguments.

    Answered almost 3 years ago.

    1. Theodore James Rechel
    2. Alan James Brinkmeier
    2 lawyer answers

    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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  4. Parenting plan

    Answered almost 3 years ago.

    1. Theodore James Rechel
    2. Taira D Hopkins
    2 lawyer answers

    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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  5. How does chid support work when the order was enforced in divorce court five years ago?.

    Answered almost 3 years ago.

    1. Theodore James Rechel
    2. Taira D Hopkins
    3. Gregory Thomas Buckley
    3 lawyer answers

    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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  6. How should I handle this issue appropriately?

    Answered almost 3 years ago.

    1. Theodore James Rechel
    2. Gregory Thomas Buckley
    2 lawyer answers

    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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  7. How long do you have to be separated in order to be considered legally divorced?

    Answered almost 3 years ago.

    1. Theodore James Rechel
    2. Melissa Dawn Sosa
    3. Arthur James Mullaney III
    3 lawyer answers

    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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  8. My spouse and I discussed me filing for divorce. Can I file simplified, no assest, children or joint accounts?

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Dana Elaine Quigley
    3. Theodore James Rechel
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

  9. I owned a IRA prior to marriage worth 80k, I have recently gotten divorced. How will it be treated?

    Answered almost 3 years ago.

    1. Richard David West
    2. Theodore James Rechel
    3. John Arthur Smitten
    4. Wade Paul Luther
    4 lawyer answers

    The original $80k is non-marital. Secure the evidence thereof asap (account statment just before the date of the marriage). The increase in value of the account could be either marital or non-marital, depending on whether it was the result of passive appreciation by purely market forces and interest, or your active trading. Appreciated value of a non-marital asset due to martial effort (research and trading during the marriage) is a martial asset that is usually divided 50-50. You probably...

    1 lawyer agreed with this answer

  10. My wife and I are not legally divorced, can she move out of state with my son without consent?

    Answered almost 3 years ago.

    1. Reuben Alexander Doupe
    2. Theodore James Rechel
    3. Vanessa Alexandra Vasquez de Lara
    4. Kathy Anne Higby
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

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