John Seth Simms’s Answers

John Seth Simms

Clearwater Divorce / Separation Lawyer.

Contributor Level 8
  1. My husband and I have been separated for 11 months. Does he have the right to legally prevent me from going onto our property?

    Answered almost 3 years ago.

    1. John Seth Simms
    2. Eric Zev Reimer
    2 lawyer answers

    Hi there As a co-owner of the property he cannot legally prevent you from gaining access to it. You have the same rights to that parcel as he does. If he changes the locks on your jointly owned home, you still have the right to enter the premises. I would suggest filing for divorce in whatever conty the property is located as you may wish to file a partition action as part of your divorce. A partition requires the sale of the property and is a vehicle by which the court's can divide assets...

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  2. My husband and I are separated, can I take a withdrawal from my 401k

    Answered about 5 years ago.

    1. John Seth Simms
    2. John Arthur Smitten
    2 lawyer answers

    Most 401K plans require the other spouse to sign a form in you are withdrawing money from the plan. You are permitted to do so provided you you can account for it in the event a dissolution of marriage case is filed in the future. You would also need to be able to determine which portion was morital and which was non marital or contributed after the separation. I hope you found this answer helpful. Please let me know if I can be of assistance. John Simms

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    1 person marked this answer as helpful

  3. Who gets final decision in shared parental responsibility?

    Answered about 5 years ago.

    1. John Seth Simms
    2. Dennis Michael Phillips
    2 lawyer answers

    The question raises a few complex issues. What is the basis for the non custodial parents objection? Typically the Primary parent's address in a public school setting would dictate where the child attended school. With advent of "school choice" and "charter schools" this issue became alot more frustrating for parents. I believe your duty is to consult and advise the non custodial parent. I think typically the parent with primary residential responsibility makes the ultimate choice but...

    1 person marked this answer as helpful

  4. Out of State Divorce and Support Order

    Answered almost 3 years ago.

    1. Jason Brian Phillips
    2. Wade Paul Luther
    3. John Seth Simms
    4. Eric Zev Reimer
    4 lawyer answers

    If you have moved out of the state of FL with an intent to reside elsewhere I believe FL has lost jurisdiction. FL requies you to be a resident for at least 6 months immediately preceding your filing for a divorce. Since you moved 8 months ago and your ex presumably moved more than 6 months ago as well, I'd think it unlikely FL will have jurisdiction.

  5. Should this real estate disposition be included in a divorce?

    Answered almost 3 years ago.

    1. Emily McAlhaney Konicek
    2. Marshall C Deason Jr.
    3. John Seth Simms
    3 lawyer answers

    She has a right to claim an interest in the house if it was purchased during the marriage or with marital funds. You may have a good claim to reduce any interest she may claim by virtue of your payment of the mortage, taxes, insurance, repairs and or improvements on the property since her departure, however it does not appear the time period is very long.

  6. Current marriage lawful?

    Answered almost 3 years ago.

    1. Theresa Montalbano Bennett
    2. John Seth Simms
    3. Eric Zev Reimer
    3 lawyer answers

    It does affect your marriage in that your marriage is void or voidable. You should file an action for annulment as an alternative to your divorce action. Your remedies are substantially different in an annulment.

  7. Can my husband get me thrown out of the the house that was deeded to him while we were married

    Answered almost 3 years ago.

    1. Alan Smith
    2. John Arthur Smitten
    3. John Seth Simms
    3 lawyer answers

    I believe it will really depend on the specific facts of your case. If the property was deeded to him but was paid for with marital monies then there's a good chance it's a marital asset. If it was deeded to him but the value was enhanced by the expenditure of marital monies or marital labor, then even if it's non-marital property the increase in value due to those efforts and expenditures is a marital asset. If you live there with him, it's unlikely he can throw you out without some sort of...

  8. What kind of attorney do I need?

    Answered about 5 years ago.

    1. John Seth Simms
    1 lawyer answer

    Typically you would need an attorney well versed in Contracts and Real Property Law. My partned Jim Staack is Board Certified as an Expert in the field of Real Estate. Please let me know if we can be of service. John Simms

  9. What sort of attorney do I need?

    Answered about 5 years ago.

    1. John Seth Simms
    1 lawyer answer

    Employment Law is a particular area of expertise and you should seek out an attorney who specializes in that field.

  10. My wife is being verbally slandered and cursed at by her boss, can she carry a digitial mp3 recroder to gather evidence?

    Answered about 5 years ago.

    1. Daniel Jon Woodring
    2. John Seth Simms
    2 lawyer answers

    Typically :No. The unauthorized recording of someone's voice (without thir consent) is a crime under Fl Law.