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...
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...
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)
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.
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.
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...
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
I agree with Mr. Irving. The Court can make a determination of 50-50 time-sharing (if appropriate) while the 2 of you continue to share the home. The Court may additionally make further provisions for time-sharing upon the 2 of you living separate and apart if that is reasonably anticipated to be in the near future.
Is there enough time to get a hearing on your motion for continuance? If not, then you do need to be present at the hearing. However, depending on the nature of the scheduled hearing, it may be something that an attorney can appear at for you if you decide to hire one. I would urge you to schedule a consultation with an attorney to personally review your case and the options available to you.