Russell George Marlowe’s Answers

Russell George Marlowe

New Port Richey Divorce / Separation Lawyer.

Contributor Level 8
  1. Can I get a divorce without my wife's signature?

    Answered 12 months ago.

    1. Russell George Marlowe
    2. William Charles Rosenfelt
    3. Brenda A Drake
    4. Wendi L Hall-Gonzales
    5. Brent Allan Rose
    6. ···
    8 lawyer answers

    Yes. As Wendi said, you can get service by publication and get divorced that way. However, although it is a relatively simple process, there are very specific steps that must be taken.

    12 lawyers agreed with this answer

  2. Family law

    Answered over 1 year ago.

    1. Russell George Marlowe
    2. Robert Jason De Groot
    3. Michael Charles McGinn
    4. Garth R Goodman
    5. John Arthur Smitten
    5 lawyer answers

    Often there will be a temporary standing order once the divorce is filed that restricts the parties from changing beneficiaries on insurance plans. You should speak directly with an attorney regarding your potential divorce. Gov. Scott vetoed the alimony bill and the 50/50 time-sharing presumption that was contained within that bill. The Court should consider the statutory factors in determining the parties' respective time-sharing. If you have been the primary care-giver for the...

    10 lawyers agreed with this answer

  3. I have lived with my boyfriend for 22 years, we have 3 children together....never married, I want out. Can I get a divorce?

    Answered about 1 year ago.

    1. Russell George Marlowe
    2. Heather Morcroft
    3. Elliot Jay Goldstein
    4. John Arthur Smitten
    5. Joseph Julius Registrato
    5 lawyer answers

    As Attorney Morcraft said, we don't have palimony in Florida. If the children are under 18, you will need to establish both child support and a time-sharing schedule. Also, if you have jointly owned property, including real property as well as things like automobiles, boats, etc., those will need to be divided. You have remedies under the laws of Florida, just not the palimony that you asked about. Additionally, you should talk with an attorney not only about these issues, but also the...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Is it possible to expedite a time sharing hearing?

    Answered 8 months ago.

    1. Russell George Marlowe
    2. Brent Allan Rose
    3. Lloyd Harris Golburgh
    4. John Arthur Smitten
    4 lawyer answers

    It is hard to say in this forum without knowing the specifics of the case. Many judges have a different standard of "emergency" from what most folks would consider to be an "emergency". When it is questionable as to whether a particular judge will consider it to be an emergency, I file as an "expedited" motion with correspondence asking that the Court consider advancing the cause on its calendar for the reasons set forth. And of course, as to the denials of visits: document, document, document.

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  5. Appeal of a modification of time sharing case.

    Answered over 1 year ago.

    1. Russell George Marlowe
    2. Betty Elaine Jones
    3. John Arthur Smitten
    4. Jaime Julian Garcia III
    5 lawyer answers

    Unfortunately, the lack of a transcript is almost certainly prevent meaningful review of the trial court's decision. While there is a procedure to attempt an appeal without a transcript, the likelihood of success would be very, very, small. In any event, you may still want to confer with an attorney to review your specific situation and provide advice. There could be other irregularities that might form the basis of an appeal that would not be dependent on a transcript (e.g. procedural issues)

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I've been separated for 6yrs from my spouse who lives in Germany, How would you serve her the divorce papers?

    Answered 22 days ago.

    1. Russell George Marlowe
    2. Joseph Julius Registrato
    3. Stephen George Henderson
    4. Betty Elaine Jones
    5. John Arthur Smitten
    5 lawyer answers

    Will she sign an answer and waiver? Is there anything that you want other than a divorce? If so, did she ever live here in Florida, or own property, or have a Florida driver's license or other significant contact with the State? There are companies that specialize in overseas service of process, but it can be quite expensive. However, it may be that it is not even necessary depending on the facts of your particular case.

    6 lawyers agreed with this answer

  7. My ex husband and I still share an apartment. We divorced in 2010. He says when he leaves he is taking our son with him.

    Answered 12 months ago.

    1. Russell George Marlowe
    2. Brenda A Drake
    3. William Charles Rosenfelt
    4. Joseph Julius Registrato
    5. John Arthur Smitten
    6. ···
    7 lawyer answers

    Florida Statute 61.13001 applies to your case. You should definitely have an attorney review your final judgment as well. But the statute prohibits relocation more than 50 miles from his principal place of residence at the time of the last order establishing or modifying time-sharing. There are very specific provisions that must be followed. I would similarly suggest that you have a certified copy of the divorce judgment to show law enforcement.

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  8. I bought my house 5 mos before I got married, now 18 years later I want to get a divorce, is my husband entitled to 1/2 of house

    Answered about 1 year ago.

    1. Heather Morcroft
    2. Russell George Marlowe
    3. William Charles Rosenfelt
    4. Joseph Julius Registrato
    5. Lynette Silon-Laguna
    6. ···
    7 lawyer answers

    Was there a mortgage on the home? If you paid on a mortgage during the marriage, you soon to be ex-husband does have a claim against the home. If you owned it free and clear at the time you married him, or didn't pay for it during the marriage with your wages earned during the marriage, you may be able to keep the home 100%. It really depends on the specific factors of your case. I would urge you to consult with a family law attorney that can advise you as to your exact situation.

    4 lawyers agreed with this answer

  9. Do I need to go through an eviction proceeding to have my son in law leave my home.

    Answered over 1 year ago.

    1. Russell George Marlowe
    2. Marian Audrey Lindquist
    3. John Arthur Smitten
    4. Bennett James Wills
    4 lawyer answers

    Unfortunately, if they are not paying rent or other form payment (utilities, etc), then they probably don't qualify under the landlord tenant statutes as tenants. You will need to get an order for a writ of possession. There are ways to accomplish getting such a court order, but not by filing an eviction (since they are probably not "tenants" within the meaning of that statute section. While you can certainly demand that they leave, it is quite likely that the sheriff will not assist you...

    3 lawyers agreed with this answer

  10. I am currently going thru a divore i am the father on 1 child with my ex... can i claim my daughter on my taxes before her mom?

    Answered over 1 year ago.

    1. Brent Allan Rose
    2. Gregory Thomas Buckley
    3. John Arthur Smitten
    4. Russell George Marlowe
    5. Christina Anton Garcia
    6. ···
    6 lawyer answers

    The law allows the Court to consider the effect of the exemption. Depending on the facts of the case, you could ask the Court to award you that exemption. I would not suggest claiming your daughter unless you had her more than 50% of the time

    3 lawyers agreed with this answer

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