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Edward G. Seitz Jr.

Edward Seitz’s Answers

19 total


  • CHILD CUSTODY

    Edward’s Answer

    There are many factors that go into "custody" decisions. Also, Florida has what is called a Parenting Plan and timesharing and has taken the approach that it is in the best interest of the child to have both parents involved in the life of the child. If you were not married then he would first have to file a Paternity Case even if the actual paternity is not an issue. Once he does, the Judge can hear all of the facts and will make a determination that is in the "best interest" of the child. Just because you are living with your parents does not mean a Judge will necessarily rule in his favor, again, there are many factors they look at in deciding timesharing. It may be that he ends up getting more time, but unless you are unfit you will not lose "custody" because Florida does not take an all or nothing approach. If you have concerns that he may be taking you to Court you may want to consult with an attorney in your area.

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  • I have a lawyer that has triple billed me for services during my divorce. Do I have any recourse?

    Edward’s Answer

    If you believe that you are being triple billed you need to request a detailed billing statement. The lawyer should be able to provide you a timesheet showing how much time was spent on each task. It is not uncommon for an initial retainer to be used and have to pay more, however, if you feel that you are being billed and the lawyer is not doing the work request the billing statement. Also, you are always free to hire another lawyer if you are not satisfied with the one you have. Good luck!

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  • How long is the divorce process in Florida ?

    Edward’s Answer

    It really does depend on how long your Wife is going to try and delay the process. However, until something is filed nothing will happen so you need to get the divorce filed asap. Once the divorce is filed the Judge may be able to help out with temporary issues such as her turning off your phone and coming to your apartment through a temporary hearing. In Escambia County it can take a couple of months to get to a temporary hearing but it just depends on your County. Again, I would talk to a lawyer and try to get your divorce filed soon!

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  • Does Florida have a family code similar to California family code 271?

    Edward’s Answer

    Florida has many rules of procedure that have certain time limits for taking certain actions. If you have a lawyer, he or she should be able to move the case along without unnecessary delay from your Wife's attorney. If you do not, I would strongly suggest trying to get a lawyer to keep her attorney from just delaying the case. Often times if no one is moving the case forward it will just sit. You can file a Motion for a Case Management Conference to bring this to the attention of the Judge and the Judge will likely set a time table to complete discovery, get to mediation, and scheduling of a final hearing. Good luck to you!

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  • Divorce

    Edward’s Answer

    If your boyfriend did file a Counter-Petition then it is unlikely that his spouse or his mother would be able to dismiss his request for the divorce. If you notice that there has been a Motion filed by his spouse or other action taken on the case and he is unable to respond then you should probably contact an attorney in the area to see if they can take a look to make sure it does not get dismissed and point you in the right direction. Many attorneys offer a free consultation and can probably give you some advise based on just looking at the docket. If a final hearing has already been scheduled and he will be better prior to that date then it will probably not get dismissed. Typically most of the required filings must be done prior to having the final hearing scheduled. Again, it would probably be best to consult with an attorney in the area.

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  • I paid a lawyer $1585.00 to handle a bankruptcy for me and after I paid him he gave me a 40 pages of forms to fill out and told

    Edward’s Answer

    I would read your Attorney Fee Contract very carefully to see if the amount paid was non-refundable. If it is then you may need to try and work things out with the lawyer so that you can get what you paid for, which is his representation of you in the filing of the bankruptcy. You will need to provide a lot of information so that he can properly assist you with your bankruptcy case. I often have clients that have a hard time with the intake forms and my assistant is very good at assisting them if they do not fully understand. I would try to fill out as much as you can and schedule an appointment to bring in your paperwork so it can be reviewed by his office. I wish you the best of luck.

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  • Is there any legal action I can take if I quit claim my home due to a divorce and and the house is now on foreclosure?

    Edward’s Answer

    It seems as though the real issue is how to hold him responsible for the debt since there doesn't seem to be any equity in the house. If your ex-Husband is not doing what he is supposed to do in regards to selling the house you could file a Motion for Enforcement/Contempt to make him. You may also want to contact the Mortgage Company since you are still responsible on the Mortgage and see if they are willing to do a Deed in lieu of Foreclosure or allow a short sale. If the ex will not cooperate with these two options (both would alleviate the remaining debt), then you may be able to file a Motion with the court to make him. Even if the property is in foreclosure it is not too late to try and get the house sold, or one of the options discussed above, so that you are not responsible for the debt anymore. The only other advise would be to speak with a Bankruptcy attorney in your area to determine if that may be an option to get out from under the debt. It will depend on your other financial obligations whether or not this would be a good option. Again, you need to move quickly because it is still not too late to get the house sold if they have not sold it at the foreclosure sale. By the way, foreclosure actions are taking a long time due to the backlog of cases and number of foreclosures.

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  • I have 4 kids & we have agree on divorce but now he wants to move out & not allow me on our check/savings. What can I do

    Edward’s Answer

    The only way to force him to continue to pay the bills of the household is to file the divorce. The Judge can enter a Temporary support Order to require him to continue to pay bills during the pending case. If the Judge does order him to pay and he doesn't, he can be held in contempt of court for failure to pay the support. You should consult with an attorney in your area to find out the process of filing for the divorce and seeking temporary support. If you cannot afford a lawyer, many Circuits have pro se clinics or offices to help individuals file the proper forms and navigate the process. However, you are best served by having an attorney represent you if you can afford one.

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  • Chapter 7 Discharge, Kept House, but now moving.

    Edward’s Answer

    You should contact the attorney who handled your bankruptcy to make sure you didn't sign a reaffirmation agreement. If you did not reaffirm the debt then the debt owed to the first and second mortgage company was discharged in the bankruptcy case even though you continued to make payments. You can either just stop paying the mortgage and they will eventually foreclose. You could also contact the mortgage company about just signing a deed in lieu of foreclosure. Make sure you have your bankruptcy paperwork handy and I would file something showing the debt was discharged in the event they file foreclosure.

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