Joanna Marie Mitchell’s Answers

Joanna Marie Mitchell

Clermont Divorce / Separation Lawyer.

Contributor Level 15
  1. How can I get my name removed from a mortgage following divorce?

    Answered almost 2 years ago.

    1. Michael J Corbin
    2. Joanna Marie Mitchell
    2 lawyer answers

    Occasionally, a bank will agree to remove one party's name for a fee, but that is very rare and completely up to the lending institution. Most likely, the only way to remove your name from the mortgage is to either sell or refinance the house. And, it is advisable to NOT sign the Quit Claim until such time as your name is being removed from the mortgage. Otherwise, you could still end up responsible for the mortgage, but have no interest in the actual real estate.

    3 lawyers agreed with this answer

  2. I owned they home before marriage, i pay mortgage. wife got placed on deed after coersion five years later

    Answered about 2 years ago.

    1. Joanna Marie Mitchell
    2. Brent Allan Rose
    3. Robert Jason De Groot
    3 lawyer answers

    More likely than not, the house will be considered a marital asset and you will have been considered to have gifted her half of the value of the house when you added her to the deed, unless you have something from her in writing stating otherwise. You should consult with an attorney in your area before making any decisions.

    3 lawyers agreed with this answer

  3. What is the average hourly rate for a divorce attorney?

    Answered over 2 years ago.

    1. Brent Allan Rose
    2. Thomas R. Peppler
    3. Joanna Marie Mitchell
    4. Ayuban Antonio Tomas
    4 lawyer answers

    Hourly rates can vary greatly and are mostly based on knowledge and experience. They're typically anywhere from $100 per hour to $400 per hour. Newer attorneys may charge less, but they also may not give you correct or accurate information. As has been stated, you get what you pay for. When dealing with issues that will have a lasting impact on your life and the lives of your children (presuming children are involved), it's best not to make cost the main consideration in determining how to...

    3 lawyers agreed with this answer

  4. I'm trying to file for divorce w/o involving attorneys, how can I speed up my spouse in doing his paperwork?

    Answered over 2 years ago.

    1. Brent Allan Rose
    2. Joanna Marie Mitchell
    3. Robert Ricci
    3 lawyer answers

    I agree with the prior answer. Additionally though, if you are looking for general information regarding many areas of family law, answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly. Should you...

    3 lawyers agreed with this answer

  5. What are my rights after being in a common law marriage for 17 years and have a 13 year old.

    Answered over 2 years ago.

    1. Joanna Marie Mitchell
    2. Jeffrey B. Lampert
    3. Michael Paul Sampson
    4. Alejandro Rafael Lopez
    4 lawyer answers

    Florida does not have common law marriage. Therefore, you are not married to him and probably have no property rights. He would, however, be responsible to support his child by paying child support. You should consult with an attorney who practices in the area where you reside.

    3 lawyers agreed with this answer

  6. How can i get my husband out of trouble for domestic violence

    Answered over 2 years ago.

    1. Joanna Marie Mitchell
    2. Matthew James Slack
    3. Juna Madray Pulayya
    3 lawyer answers

    Why would you want to get him out of trouble for throwing you down, hitting you on your head and breaking your teeth? He should be prosecuted to the full extent of the law for treating you that way. There is absolutely no excuse for domestic violence. You should go to a local women's shelter for abused women where they can provide you with the assistance that you need.

    3 lawyers agreed with this answer

  7. Why is it illegal to dye pet's fur a different color?

    Answered almost 3 years ago.

    1. Joanna Marie Mitchell
    2. Joan M Bundy
    2 lawyer answers

    Because people who used to dye chickens, ducklings and rabbits for Easter used to do so in a way that harmed many of the animal's eyes and lungs; therefore, it was considered animal abuse. Rather than specifying that the practice was only forbidden on certain types of animals, the law in Florida forbids the practice period. It should be noted that the practice IS permitted for agricultural poultry and livestock exhibitions. Following is the actual statute: Florida Statute 828.161....

    3 lawyers agreed with this answer

  8. I am trying to get supervised visits for my daughter. Her father has skitzophrenia, and was baker acted 4 times in 3 months.

    Answered over 4 years ago.

    1. Joanna Marie Mitchell
    2 lawyer answers

    You should call or email your lawyer and ask him or her what is going on. From what you have stated, if the father said all of those things under oath at a deposition, it would sound as if you have more than enough to justify supervised contact for him with your daughter, and that it would probably be best if this took place at a facility where people are trained to adequately supervise potentially high-risk situations, as opposed to occuring in someone's home. Regardless, you definitely need...

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

  9. Do I need to get a divorce, if I only want my share of my property through marital settlement agreement?

    Answered almost 2 years ago.

    1. Joanna Marie Mitchell
    2. Aaron James Irving
    3. Robert Jason De Groot
    3 lawyer answers

    If you are both in agreement, then you can enter into a written settlement and divide the property and stay married. If you are not in agreement, you would need to get a divorce in order for any property to be divided. Florida does not have a legal separation. So, there's no way to divide any property without a divorce, unless he is in agreement. You should consult with an attorney in order to determine how best to proceed. Detailed answers to many frequently asked questions regarding...

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  10. Can I get a passport for my son without my ex's permission? What steps must I take?

    Answered over 2 years ago.

    1. Joanna Marie Mitchell
    2. Alejandro Rafael Lopez
    3. Juna Madray Pulayya
    3 lawyer answers

    You need to file a motion to compel him to sign the document, stating why it is in your child's best interest for him to do so. And, as per the other answer, be sure to bring a copy of the form with you to the hearing, so that the judge can have him sign it right then and there. Of course, this presumes that he attend the hearing. If he doesn't attend the hearing, then the judge will give him so many days to sign the document. You will need to send it to him with proof that you sent it (...

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