Skip to main content
Brent Allan Rose

Brent Rose’s Answers

4,559 total


  • Does this qualify as a simplified divorce?

    My husband and I have been married for 20 years. He has informed me that he's having an affair and wants a divorce. We have discussed how we split all of our assets and have agreed to an amount of alimony he agrees to pay. Would we qualify for a s...

    Brent’s Answer

    I'm always surprised at what judges will let slide as a "simplified" divorce. Technically, to be simplified, it has to be a divorce where 1) both sides will sign the petition together, 2) there are no minor kids, 3) both sides have worked out the split of assets and debts, 4) there will be no alimony awarded, and 5) both sides will go to the final hearing. So technically, you don't qualify. Still, I've seen many "simplified" divorces with alimony. Your best bet, though, is to talk to a local lawyer.

    See question 
  • Why do you have to fill out a financial affadavit if it does not impact child support calculations?

    it goes by income and rent and utilities are not factored? Am i correct? if so, why do we need the form?

    Brent’s Answer

    You don't have to file a financial affidavit in every family law proceeding (such as enforcement or contempt), but you do have to file them in all divorces because they affect things other than child support (such as alimony or payment of the other side's attorneys' fees).

    See question 
  • Can my attorney hold my financial documents and texts that I gave him to prove my case if I can't pay?

    I gave him my paystubs and text that my ex sent and now he says that he can put a lien against my things if I don't come up with a payment plan.

    Brent’s Answer

    Yes. There are different rules on it depending on the part of Florida you are in, but if your lawyer is in Bartow (where you've indicated), the rules are pretty clear that the lawyer can keep your stuff until you pay.

    See question 
  • Can I sue my ex girlfriend for property we aquired during our domestic relationship

    I paid for everything including our rental property, all furniture entertainment equipment and a 2008 BMW. I paid cash and have all receipts although the car was title in her name we both used it on a daily basis. All told the amount of property a...

    Brent’s Answer

    You can sue her, but it's not exactly for half. For instance, the BMW is titled to her, so it's hers. And when you say you paid for the rental property, do you mean that you paid the rent (in which case that money is gone) or you paid for a piece of property (in which case whomever its titled to keeps it, though there are exceptions to that rule)? The rest of the stuff, I assume, she'll say was a gift, so you'll have to prove it wasn't a gift. Retaining an attorney is probably a good idea.

    See question 
  • Does a father have a better chance at getting full custody in Lake County or Orange County?

    Also just curious is there any counties in Central Florida that are more likely to give a father full custody then others? I am not looking for 100% just primary. I am more financially and mentally stable.

    Brent’s Answer

    Maybe there are judges, being human, that lean more toward mothers or fathers, but the statute says that a judge should never give favoritism to either sex.

    See question 
  • If I haven't seen my child in 3 years, what does that mean?

    I have a son who is 3 years old. I have never seen him. I wasn't there for his birth and my name is not on his birth certificate. I threw my Ex out of my house before I knew she was pregnant. The Detective involved said I was to have no contact wi...

    Brent’s Answer

    It would not be true in Florida that you would lose your parental rights after one year, but it sounds like Indiana law may apply to your son. I don't know if that's the law in Indiana. You may want to post your question sing an Indiana city so the question gets seen by Indiana lawyers. Either way, you need to hire a lawyer. I know you say you can't afford a lawyer, but as a father, I can tell you can't afford NOT to hire a lawyer when it comes to your son.

    See question 
  • Is the practice of an attorney limited when he only has the federal and not state license in a specific state?

    I know that regular attorneys have offices and go to trial, but what about federal lawyers? Do they also see as much criminal cases as a state attorney? Do they work directly with clients? What type of cases other than social security, bankruptcy ...

    Brent’s Answer

    There is no such thing as a "federal" license to practice law. Once must first be admitted to the Bar (or some other organization which regulates the practice of law in that state). Once one has been admitted to a state (of the District of Columbia or some territory of the U.S.), one may be admitted to a federal district court or federal appellate court (or even the Bar of the Supreme Court of the U.S.). Usually, one must pass an additional exam (something like a "bar" exam, though shorter and usually less difficult than a state's bar exam, to be admitted to a federal court bar.

    See question 
  • Does section 709.2109 (c), Florida Statutes also apply to "Durable" Power of Attorneys? Statutory interpretation appreciated.

    Section 709.2109, F.S. Termination or suspension of power of attorney or agent’s authority.— (1) A power of attorney terminates when: (a) The principal dies; (b) The principal becomes incapacitated, if the power of attorney is not dura...

    Brent’s Answer

    Yes, it evens says so in the statute.

    See question 
  • My ex is suing me for child custody. He has had chances to see his son. I agreed on fair visitation and he disagreed.

    Very recently my boyfriend of nearly 9 yrs broke up with me. We lived together with our 6 yr old son and my older children that he raised. I decided to move out after the break up because it was unhealthy for me to stay in the home with him and hi...

    Brent’s Answer

    Mr. Peppler is exactly right, and you should listen to him. Also, I'm not sure how you expect you ex-boyfriend to react, but after six years living with his son, I'm sure it's difficult for him to accept only weekends. You'll probably need a pretty good reason why the two of you can't share 50-50 time. Also, your son is too young to decide on his own when he should be in contact with his dad.

    See question 
  • When should a Durable Power of Attorney be filed with the court?

    My Mom signed a Durable Power of Attorney assigning me as her designate, but the attorney didn't file it with the court. Is the POA supposed to be filed now? Or, is it not filed until my Mom passes?

    Brent’s Answer

    In Florida, POAs only get filed with the court when some kind of litigation arises over them. Otherwise, just keep copies handy to show when needed.

    See question