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Joseph William Lehn
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Joseph Lehn’s Answers

23 total

  • Serving divorce papers to an inmate.

    Is it possible to go through with a divorce if my wife is currently incarcerated in a California Federal Prison? Florida has jurisdiction over her and I reside in Wesley Chapel, FL with our daughter. Should I file in my county of residence or do I...

    Joseph’s Answer

    If Florida is your jurisdiction you can file a Petition for Dissolution in Florida and have your spouse served in prison in California.

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  • How do I get full custody?

    Firstly, thank you for your timein reading this. My husband and I are getting a divorce as soon as we can actually afford it. Right now we are "separated" but still living together. I say separated because he is already sleeping with someone else...

    Joseph’s Answer

    The tem child custody has been replaced with the term shared parental responsibilty. The court follows the best interest of the child standard in determining time sharing. I urge you to meet with a family law attorney and learn your rights and get a full understanding of the entire divorce process.

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  • Do I have to pay child support to my son's father where he owes me $35,000?

    My son is almost 14 years old. I have raised him his entire life. Well, he spent this summer with his biological father in New Hampshire. Since has been there my son has decided that he wants to remain in New Hampshire with his dad. His father owe...

    Joseph’s Answer

    Hire an attorney to handle this matter. Most times you will be credited with the amount you owe if the other parent is in arrears. Do not go at this alone.

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  • Married couple are Landlords. Do both have to petition court for eviction for non payment of rent, or can just one File Petition

    Tenants given 3 day notice. Getting ready to file petiton with court. Lease has both me and spouse as Landlords. Does petition have to have both names, or just mine?

    Joseph’s Answer

    Either signature will suffice, be sure to cross all your t's and dot all your i's prior to filing petition to evict.

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  • If I add my name to my elderly aunt's car, &/or situation, can I be held liable for her if she is involved in an accident?

    My aunt is 85 years old and I have maintained her vehicle. She has no living spouse or children. If I add my name to her car, with my name and/or Aunt's name situation, can I be held liable for what her insurance does not cover, if she is involv...

    Joseph’s Answer

    • Selected as best answer

    Anyone who adds their name to the title of a vehicle is considered the owner of the vehicle. My question is, why did your aunt transfer said title?

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  • My rental has mold growing in it land lord will not repair told if we don't fix it look for another place to live.

    I am an employee of said land lord. I live on the same piece of property that our shop is located at. We have a rental agreement signed lease to rent the home is located on said property. The home has become infested with mold due to a leaking sho...

    Joseph’s Answer

    A tenant has a right to quiet enjoyment of their rental and the property has to be habitable. Mold is a big issue. I suggest you put your demands in writing via certified latter and request landlord to fix the mold issue. Merely breaking the l;ease is not advisable.

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  • Can you be demoted from a position because you are a temp?

    I'm a temp been working for my company for 2 years and 3 months I was hired as a housekeeper three months ago I was promoted to a supervisor. My job recently hired a new director for housekeeping and she is demoting me because I am a temp and sh...

    Joseph’s Answer

    Florida is an at will employment state. As a temporary employee, your position is not guaranteed and you can be demoted or terminated at any time.

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  • In Florida, is there any way for the surviving spouse to avoid probate if the deceased person's estate is only about $4500?

    I posted this question previously and appreciate the answers. I was not clear with my question. The wife has already died. Accounts are in her name only. Funeral cost and last 6 months medical expenses were less than remaining assets of $4500 ...

    Joseph’s Answer

    My best advice is to consult with a probate attorney. Bring all expenses and accounts with you and let the attorney review.

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  • Bank won't honor bankruptcy, automatic stay

    My car was repossessed. I paid my attorney and filed a chapter 13. My lawyer said they have to release the car once the automatic stay is in effect. The bank got the letter this morning and contacted an attorney and told me that the automatic stay...

    Joseph’s Answer

    Violation of the automatic stay is a serious offense. Bankruptcy allows for protection from creditors.

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  • How likely is it that I’ll get some of his assets? My ex and have been married for ~2 years. Although we never lived together...

    we have a child from the marriage. He filed for divorce and I counter filed asking for a split of his 401k, bank accounts and equity in his rental property (all of which he owned before we got married). He is arguing that the marriage was too shor...

    Joseph’s Answer

    Property distribution is a facet of most marriages. Any assets acquired during the length of the marriage are technically marital property and subject to property distribution.

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