Skip to main content
Russell George Marlowe
Avvo
Pro

Russell Marlowe’s Answers

53 total


  • What is the Florida statue that states that a judge must consider "Domestic violence" when deciding custody/shared parenting.

    My husband took a "deal" in a misdemeanor battery after it was reduced to a felony. He only had to take classes and stay away. He has filed for custody although he has only had 8 supervised visitations n over a year. The judge says that they will ...

    Russell’s Answer

    I think you may be thinking of 61.13(3)(m)

    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

    See question 
  • How can I file court papers from another state.

    I live in Atlanta, Geogia. My husband has served me with divorce papers. How can I counter petition And file papers with the cout in Hillborough county, Florida from out of state including future filings like subpoenas and motions if possible?

    Russell’s Answer

    Did you previously live in Florida with your husband or have other connections to Florida?

    See question 
  • Do I have any options if my husband moves my children out of state without my consent?

    My husband and I separated about a year ago. We have not filed any paperwork with the courts for divorce or custody yet. He and his girlfriend recently took my children out of state, and is denying me contact of any sort with them. Will it benefit...

    Russell’s Answer

    I would suggest that you contact a family law attorney as soon as possible. There are numerous issues regarding the children being moved out of the state. A good family law attorney will have resources to find your husband have him served. I definitely would not suggest trying to do this yourself.

    See question 
  • Can my brother get divorced while in county jail.

    My brother has been married for 10 years separated from his wife for 6. They have no children together. And hes been incarcerated for the last 2 years. Hes wanting to know if he can get divorced they have no shared assets because he has nothing. I...

    Russell’s Answer

    If there are no assets or liabilities to deal with, then an uncontested divorce miht be appropriate. If she won't agree to that, the court can either permit telephonic attendance at mediation, or even waive the mediation requirement completely.

    See question 
  • Divorcing someone who lives in GA (Where marraige happened) from my state of FL. It would be uncontested and no children or prop

    Separated for 8 yrs or so. I haven't lived in Georgia since.

    Russell’s Answer

    If you are a resident of Florida for 6 months, Florida has jurisdiction to enter a divorce. No financial issues could be decided by the court unless your spouse has sufficient contacts with Florida, or if they agree to it. But if there are no children or property and it is truly uncontested, then yes, Florida can grant the divorce.

    See question 
  • I need a simple disolution of marriage or divorce.

    Married almost 43 years...have not been sexually intimate almost 18 years.have lived in different states permanently for almost 3 years. We have no property or minor children. And no debts together. We are not asking anything from each other and ...

    Russell’s Answer

    If it all agreed, it is a relatively simple process. There are forms available from the Florida Supreme Court's website, or you can obtain them from the Clerk's office. If you would rather have an attorney handle it for you, they can guide you through the process. As long as it is not filed as a "simplified" dissolution (a special type of uncontested filing), his your spouse's attendance would not be necessary at the final hearing.

    See question 
  • I can't afford a lawyer but need to get a court date to get ball rolling how do I go about it with out a lawyer?

    I haven't seen my little girl in seven years . I can't afford a lawyer a at once . I just want to have a relationship with my daughter before it's too late and no one wants to help with out a bunch of money. I don't mind paying I just can't affor...

    Russell’s Answer

    You can check with Bay Area Legal Services to see if they can help.

    See question 
  • It's complicated. ..

    I want to divorce my husband but he has taken me off of all our bank accounts and is slowly trying to leave me with no resources to do so on my own. Can I file for divorce and have him have to pay for it from the account?

    Russell’s Answer

    Unfortunately, this is not necessarily are uncommon thing. A good experienced attorney can apply to the court not only for attorney's fees, but also to either freeze some of the funds or have it paid over to you

    See question 
  • My ex-wife won our home in our divorce a few years ago, and was suppose to refinance it.

    My ex-wife won our home in a divorce a few years ago. She was suppose to refinance it with in six months. She has not and she is always late by a few months paying on it. It is still in my name. What can I do?

    Russell’s Answer

    In addition to the enforcement methods mentioned, you can request that the property be sold through a partition action.

    See question 
  • How can I file a response letter to a divorce summons when I live out of town

    I live in panama city where the marriage was took place and minority of marriage was in panama city the wife moved to west palm and filed down there

    Russell’s Answer

    The proper county for the divorce is the county in which BOTH of you lived together with the intention to remain married. If the two of you never lived in West Palm together, then you should file a motion to have the venue should be transferred to the correct county. If you fail to timely object, you can be deemed to have waived your objection. Get a lawyer.

    See question