Skip to main content
Joanna Marie Mitchell
Avvo
Pro

Joanna Mitchell’s Answers

967 total


  • Can my ex husband do this?

    I have been divorced for a year now and I am wondering if my ex husband collect income tax on our children does he have to split that with me or can he keep that on his own because my children live with me not him but we do have joint custody I'm ...

    Joanna’s Answer

    I agree with my colleagues. You need to look to your Final Judgment and Marital Settlement Agreement (if applicable) in order to determine who has the right to claim the children as dependents and under what circumstances. If you feel your documents are unclear, you should have them reviewed by an attorney. If they are silent on the issue, then federal law will apply and you would need to contact the IRS to see under what circumstances he can claim the children as dependents on his income tax returns.

    See question 
  • Legal letter of intent for simplified divorce process. Irreconcilable differences.

    File for divorce

    Joanna’s Answer

    If you have no minor children of the marriage, then you can do a simplified divorce. There is no legal letter of intent necessary. If you have minor children, then you cannot apply for a simplified divorce. You can still do an uncontested divorce if you are both in agreement on all issues. You should consult with an attorney in order to best determine your potential rights and options, as well as how to proceed.

    See question 
  • I'm pregnant by my boyfriend which is legally still married. He's been going through a divorce can we be in legal trouble in fl?

    When I got with my boyfriend I didn't know he was still married then I got pregnant and he told me that he has been going through a divorce for two years in Florida. We are living together and we are still currently together his divorce still isn'...

    Joanna’s Answer

    No, you're in no legal trouble because he is still legally married. As for how much longer the divorce case will take? there is no way to tell. A "typical" length of time for a divorce with issues that the parties cannot agree about is about a year or more; however, I've had divorce cases last for 3 or more years. It just depends on the parties and the issues.

    See question 
  • What do you put down for payments not alimony for 1/2 net asset value when filling out your own forms for divorce?

    Wife does not want any assets or bills from marriage . She wants monthly payments = to or a little more than half assets - debts owed.We have house and she has time share which she does not want because of maintance fees. We have around 130,000 a...

    Joanna’s Answer

    It sounds like what you are describing is "equitable distribution" of the marital assets and debts with the transfer to Wife being made over time in order to essentially "buy her out"? Your question is difficult to answer without more information. You really should consult with an attorney and have them assist you with the marital settlement agreement (sounds like what you are referring to). The prefilled forms are "cookie cutter" and it sounds like you need something more specifically tailored to your individual circumstances. An attorney can help you with that.

    See question 
  • Is this court order invalid?

    Recently my exwife went behind my back and got an injunction amended to give her domain of our house. In the documents for the court order the address for the dwelling is incorrect. Does this error make the new amendments to the court order invalid?

    Joanna’s Answer

    More likely than not, the error in the amendment would not invalidate the Order or injunction. However, you should have the amended Order reviewed by an attorney, as it is impossible to say with any certainty without actually reviewing the Order.

    See question 
  • I need a custody attorney

    Attorney I had backed out because I could not afford to give him an additional 7,000 + dollars . Court on November 24th.

    Joanna’s Answer

    $7,-000.00 to take the matter to Trial seems a bit excessive, but then I don't know all of the facts of the matter. Many attorneys offer free initial consultations (generally over the phone), and I am certain that you can find someone to assist you. Don't delay though, as any new attorney coming in will need to get familiar with your case and a month really isn't that long ...

    See question 
  • Do i need a custody lawyer

    i lived with my child father for three years he recentley left the house..i would like majority of the custody of my 22 month old daughter

    Joanna’s Answer

    If there has been no Order determining paternity or "custody" of the child, then by default "custody" falls to you as the mother of the child. If you would like a court to determine parental rights to share time with the child (visitation rights), then yes, you should hire a family law attorney to assist you. Many attorneys offer free consultations during which you can discuss your situation and rights under Florida law.

    See question 
  • Is my marriage valid?

    I got married in 2006. I recently found out he was married prior and didn't get divorced until 2012. Now he has confessed that he purposely used a wrong social security. My question is ... Am I even married at this point?

    Joanna’s Answer

    I disagree with the prior answer. While yes, if he was still married when you got married then your marriage is invalid. You are still "married" until a Judge nullifies your marriage. You should file for an annulment so that your current marriage will be adjudicated by a Judge to be invalid from its inception based on the fact that he was still married at the time. You would also be able to adjudicate any property rights at the same time (or matters pertaining to children, if applicable).

    See question 
  • My wife left me 5 years ago and had my child without me I don't know where is my child how do I get visitation without divorcing

    I never seen my child her family does not want to tell me where she's at I heard it from the grapevine she left the states I thought she needed permission before she can leave the states all I want is visitation rights and the right to see her my ...

    Joanna’s Answer

    You would need to locate her and then contact a family law attorney who practices in the state and area where your wife and child reside. Generally, if you are married, you are automatically considered the child's father, until and unless the court rules otherwise. Even so, you will still definitely need to file a legal action of some sort, as the only one who can make your wife do anything, is a Judge. As stated, you can use the Avvo find a lawyer tool to locate an attorney or just repost your question in that State and County's forum.

    See question 
  • Is it illegal for another woman to breastfeed my baby without my consent?

    I am livid. I let my Mother-in-law watched my 6 month old daughter today while I was gone for 2 & 1/2 hours. i pumped breastmilk and left a bottle for when she gets hungry. I also fed my daughter before I left. My sister-in-law who I dont even rea...

    Joanna’s Answer

    I agree with the prior answer. That's just downright sick. Who would do that? Unfortunately, it's not illegal, per se, but definitely wrong.

    See question