Joshua David Ferraro’s Answers

Joshua David Ferraro

Stuart Personal Injury Lawyer.

Contributor Level 4
  1. Is mediation required in contested Florida divorce?

    Answered 8 months ago.

    1. William Charles Rosenfelt
    2. Joshua David Ferraro
    3. Denise Martinez Scanziani
    4. Robert Jason De Groot
    5. Monica Villaverde Beck
    5 lawyer answers

    Almost every family law judge in the state of Florida requires parties to attend a mediation prior to a contested final hearing. Unless your case has already resolved, or there are really no issues to discuss (property distribution, alimony, child timesharing and support or attorney's fees); mediation will likely be a pre-requisite to getting a trial date. In fact, in many cases Judges require mediation even where both sides acknowledge that it will be fruitless. With the said, if the other...

    6 lawyers agreed with this answer

  2. If my mediation says pending and the father is in prison until 2018 can I move out of state

    Answered 8 months ago.

    1. Joshua David Ferraro
    2. William Charles Rosenfelt
    3. Robert Jason De Groot
    4. Travis R Marker
    5. Steven David Miller
    5 lawyer answers

    Florida Statute 61.13001 governs relocation in the State of Florida and states that prior to moving (more than 50 miles from the child's principle residence) a parent must file a petition for relocation and provide notice to the other party. If the notice is not objected to within thirty days then the Court must allow the relocation. Otherwise, the Court will make a determination based upon the best interests of the child (applying a set of factors set forth in the statute). If the father is in...

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  3. How can I legally change the spelling of my first and add a middle name to my name/?

    Answered over 2 years ago.

    1. Eric J Trabin
    2. Karen Tallent Munzer
    3. Joshua David Ferraro
    3 lawyer answers

    The procedure to institute a name change in the state of Florida arises under Florida Statute 61.08. Generally speaking, if your name change is not connected with a pending divorce case you will need to: file a petition including biographical information; establish that you are a Florida resident; testify that you are not changing your name for any illicit purposes; and, submit your finger prints to the Florida Department of Law Enforcement. Although the Judge ultimately has the discretion...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. My attorney TERMINATED my 2 auto accident cases after 2 years bc my paperwork was in to many hands

    Answered 3 months ago.

    1. Jeffrey Braden Arnold
    2. Joseph Rodney Franks
    3. Anders Ferrington
    4. John M Connell
    5. Joshua David Ferraro
    6. ···
    8 lawyer answers

    As the other commenters have noted, your best bet would be to use the attorney search function of this website to find a local personal injury attorney who can assist you. Most PI attorneys offer a free consultation and will meet with you on very short notice.

    4 lawyers agreed with this answer

  5. Tenant rights can a landlord evict me if my son stays for 8 days due to he moving into his place of residence

    Answered 3 months ago.

    1. Jimmy Allen Davis
    2. Mark Theodore Tischhauser
    3. Joshua David Ferraro
    4. Jonathan Klurfeld
    4 lawyer answers

    As the other commenters have stated, it sounds like you have a variety of legal and other issues with your landlord ranging from a potential battery claim to violations of the landlord-tenant act. Certainly if you have breached your lease, regardless of whether you think the breach was reasonable on your part; your landlord has the right to initiate eviction proceedings against. However, based upon your question it sounds like you would have several collateral defenses (that is defenses to the...

    2 lawyers agreed with this answer

  6. Divorce: Pretrial/Mediation

    Answered 3 months ago.

    1. Heather Morcroft
    2. Joshua David Ferraro
    3. Steven David Miller
    4. Julie A DiMaggio
    5. Armando Montalvo
    5 lawyer answers

    As the other commenters have posted, it's not clear from your question whether your spouse is passed away or your attorney has died. If your spouse passed away, then the court no longer has jurisdiction to enter a divorce decree and therefore the case is over. You will have all rights and interests that your state grants to surviving spouses (which in most cases would be more than you would get in a divorce case anyway). On the other hand, if your attorney has died they clearly you would be...

    1 lawyer agreed with this answer

  7. How do I get my ex to pay the alimony he agreed in divorce filing, and avoid any mud-slinging in court? Arbitration/mediation?

    Answered 3 months ago.

    1. Cary Garcia
    2. Nelson Llabona
    3. Joshua David Ferraro
    3 lawyer answers

    1. If the award was based upon a fraudulent financial affidavit then you have the option to file a motion to set the Judgement aside based upon Florida Rule of Family Law Procedure 12.540(a) which was recently amended to remove any deadline for filing. 2. If you do not have minor children together, you can hire a private judge to conduct a trial and the Judgement would be enforceable under the Court order. This is called a Voluntary Trial Resolution proceeding. Of course, you would both...

    1 lawyer agreed with this answer

  8. When can child influence court on custody?

    Answered 3 months ago.

    1. Judy A. Goldstein
    2. Gary L. Schlesinger
    3. Nettie F. Sabin
    4. Joshua David Ferraro
    4 lawyer answers

    Certainly if you have the relationship to do so, it's never a bad idea to address parenting issues directly before getting lawyers courts (or even mediators) involved. You never know, you both might have the same idea of what is in the best interest of your child and before spending money and drawing battle lines you should determine this. I don't see any downside, in at least raising the subject if you are comfortable doing so. As far as your other question, most courts will take into...

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  9. Divorce Mediation

    Answered 3 months ago.

    1. Jeffrey B. Lampert
    2. Will Murphy
    3. Jon Friedman
    4. Scott Raymond Dwyer
    5. Joshua David Ferraro
    6. ···
    7 lawyer answers

    It could only be invalidated, absent agreement of the parties, upon a showing that it was produced through coercion, duresss or fraud. This is an extremely high burden that is nearly impossible to satisfy because most Judge's understand that almost everyone experiences some level of buyer's remorse once the ink is dry.

  10. Can I modify or invalidate this clause of my divorce agreement?

    Answered 8 months ago.

    1. Eileen D. Jacobs
    2. Mary Reid Mayo Morelly
    3. Mark A Creech
    4. Joshua David Ferraro
    5. Ronald Michael Zakarin
    5 lawyer answers

    Its difficult to say without seeing the actual Marital Settlement Agreement but it appears that this provision would be considered part of your property division/equitable distribution. Unfortunatly, property division awards (or agreements) are non-modifiable despite a future change in circumstances. In some cases, particularly those dealing with Florida real estate, the implications of this can be harsh but the Court will not/cannot grant relief. You could claim that your obligation to pay...

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