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John Seth Simms

John Simms’s Answers

12 total


  • Out of State Divorce and Support Order

    John’s Answer

    If you have moved out of the state of FL with an intent to reside elsewhere I believe FL has lost jurisdiction. FL requies you to be a resident for at least 6 months immediately preceding your filing for a divorce. Since you moved 8 months ago and your ex presumably moved more than 6 months ago as well, I'd think it unlikely FL will have jurisdiction.

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  • Should this real estate disposition be included in a divorce?

    John’s Answer

    She has a right to claim an interest in the house if it was purchased during the marriage or with marital funds. You may have a good claim to reduce any interest she may claim by virtue of your payment of the mortage, taxes, insurance, repairs and or improvements on the property since her departure, however it does not appear the time period is very long.

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  • Current marriage lawful?

    John’s Answer

    It does affect your marriage in that your marriage is void or voidable. You should file an action for annulment as an alternative to your divorce action. Your remedies are substantially different in an annulment.

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  • Can my husband get me thrown out of the the house that was deeded to him while we were married

    John’s Answer

    I believe it will really depend on the specific facts of your case. If the property was deeded to him but was paid for with marital monies then there's a good chance it's a marital asset. If it was deeded to him but the value was enhanced by the expenditure of marital monies or marital labor, then even if it's non-marital property the increase in value due to those efforts and expenditures is a marital asset.
    If you live there with him, it's unlikely he can throw you out without some sort of court order.
    You mentioned that there had been domestic violence. If you are the victim of domestic vilence and are in fear for your safety you should definitely contact law enforcement and consider filing a Petition for Protection from Domestic Violence. The Court in such a case has the authority and discretion to grant sole use and possession of the home to you regardless of the way it is titled.

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  • My husband and I have been separated for 11 months. Does he have the right to legally prevent me from going onto our property?

    John’s Answer

    • Selected as best answer

    Hi there
    As a co-owner of the property he cannot legally prevent you from gaining access to it. You have the same rights to that parcel as he does. If he changes the locks on your jointly owned home, you still have the right to enter the premises.
    I would suggest filing for divorce in whatever conty the property is located as you may wish to file a partition action as part of your divorce. A partition requires the sale of the property and is a vehicle by which the court's can divide assets that are typically indivisible.
    Hope that helps. Feel free to contact my office if you'd like to schedule a consultation.

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  • What kind of attorney do I need?

    John’s Answer

    Typically you would need an attorney well versed in Contracts and Real Property Law.
    My partned Jim Staack is Board Certified as an Expert in the field of Real Estate.
    Please let me know if we can be of service.
    John Simms

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  • What sort of attorney do I need?

    John’s Answer

    Employment Law is a particular area of expertise and you should seek out an attorney who specializes in that field.

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  • My wife is being verbally slandered and cursed at by her boss, can she carry a digitial mp3 recroder to gather evidence?

    John’s Answer

    Typically :No.
    The unauthorized recording of someone's voice (without thir consent) is a crime under Fl Law.

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  • My husband and I are separated, can I take a withdrawal from my 401k

    John’s Answer

    Most 401K plans require the other spouse to sign a form in you are withdrawing money from the plan.
    You are permitted to do so provided you you can account for it in the event a dissolution of marriage case is filed in the future. You would also need to be able to determine which portion was morital and which was non marital or contributed after the separation.
    I hope you found this answer helpful.
    Please let me know if I can be of assistance.
    John Simms

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  • I live in FL. What date determines marital assets to be split in a divorce? What if husband drains joint investment accts?

    John’s Answer

    When a case is filed in Pinellas County a Standing Order issues from the Court commanding that neither party dispose of, encumber, waste or pledge any asset.
    If an asset was acquired during the marriage or was gifted into the marriage it is considered marital.
    Typically the court uses the date of filing or the date of separation as the time period upon which to value assets and liabilities.
    If you have account statements refecting the value of your assets at the time of filing you are in pretty good shape.
    You are required to file a FL Supreme Court approve Financial Affidavit within 45 days of filing your divorce. This form requires you to identify your income, expenses, assets and liabilities under penalty of perjury. Both parties are required to fill it out in addition to producing a laundry list of other documents.
    I hope you found this answer helpful.
    If I can be of service feel free to contact me.
    John Simms

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