In modifying parental responsibilities our Judge a said he would look into 1-20 and (a) thru something. Can someone kindly tell me what part of 61.13 in the family statute he is referring to incase i dont have enough for an attorney.
It is Section 61.13(3) of the Florida Statutes. Section 61.13(3) contains factors (a) through (t) that the Court considers when modifying parental responsibility, a parenting plan, as well as the time-sharing schedule. Good luck.See question
Is it possible to change my last name? How? What's the process? How long does it takes?
Yes, you may change your last name pursuant to Section 68.07 of the Florida Statutes by filing a petition for change of name. However, before the Court will set the case for a final hearing, you would have to have your fingerprints submitted for a state and national criminal history records check (unless you are restoring your former name). As to how long the process may take, that will depend on how quickly the criminal history records check is completed and on the Judge's availability for the hearing.See question
I need to fill divorce papers and I need to put legal description of the house we own together. What is the legal description of the property?
The legal description of the property is the description that can be found on your deed to your property. It would contain the lot, tract, could also contain the subdivision, and also contains the book and page number of the recording. The property appraiser's site also contains the legal description, but is usually in an abbreviated format. You would typically include a legal description of your home in your divorce action if you were also including a partition count in your Petition for Dissolution of Marriage. I suggest that you consult with a divorce attorney prior to filing and have the attorney at least review your documents to ensure that your interested are fully protected. Good luck!See question
My wife and I are both FL residents with no children (simplified divorce) but I am a truck driver who spends months at a time on the road so returning to FL for court appearances is not feasible. Is there a way to obtain a divorce without returnin...
Yes, it is possible if you are in agreement on all the issues and you are able to sign all the pertinent documents, including an Answer and Waiver, whereby you would Answer the Petition for Dissolution that your wife would file, waive the notice of hearing and your appearance at the final hearing and request a copy of the final judgment to be mailed to you at the address as provided by you. It would serve your interests to consult with an attorney on the specifics so that a specifically tailored response can be rendered. All the best.See question
Divorced with three kids
I agree with the previous response. I would only add that if you do pursue a modification action and would like for the child to express his or her preference to the Court, in order for a child to speak with the Judge about his or her preference, the Judge must first authorize such “in camera” testimony.
When a parent wants a child to testify or speak with the Judge, a motion must first be filed alleging that it would be in the child’s best interests to express to the Judge his or her preference. It is only if the Court grants the motion and allows the child to testify “in camera” may a child be brought to the Courthouse to speak with the Judge.
Also, when ruling on such a motion, the Court considers the age of the child, whether the child is intellectually and emotionally mature to have a valid opinion on the issues of parenting plan/time sharing, the degree of emotional trauma that will result to the child as a consequence of the child being brought to Court to talk about his or her parents, and any other fact that the Court deems relevant. It is also important to keep in mind that if the motion is granted, the child’s “in camera” testimony would usually occur outside the presence of the parents and their attorneys.
Consequently, I suggest that you consult with an attorney to see if you have enough to pursue a modification of the current time-sharing arrangement. All the best.See question
Me and my former girlfriend have a 7 month old and we live separately and don't really talk much we recently delegated and feel like she may try to keep her from me I'm just wanting to know what can be done if we don't agree on something ourselve...
In order for you to have rights to your child, you should pursue an action for paternity. As part of a paternity action, a parenting plan with time-sharing schedule would be established. Child support would also be established unless it is addressed separately by the Department of Revenue (the State). Please note that when a child is born to unmarried parents, the mother, by default, has all the rights to and decision-making authority over the child. Therefore, it would truly serve your interests to commence a paternity action right away. All the best.See question
Been married over 10 years but separated, living separate lives, filing separate taxes and residing in different states for over five years
No, it is not guaranteed as an award of alimony depends on your need and your spouse's ability to pay the support. Also, the need for alimony is usually assessed after there has been an equitable distribution of marital assets and debts. Also, alimony can take many forms in addition to monthly payments or a lump sum payment. Since you have been married for over 10 years you do have different types of alimony available to you, but, again, provided there is a need and your spouse has the ability to pay that alimony. The fact that you have been living separate lives for several years now can actually reduce or eliminate your need for alimony if your spouse has not been financially supporting you in any way since the separation. You really should consult with a divorce attorney so that all the particular facts of your case can be addressed and a course of action developed. Good luck!See question
My husband and I separated and he moved out of state. I filed for divorce and he did not respond to the papers. So I filed a motion of default 28 days ago and I still have not had a hearing date set. How long can I expect to wait for a hearing ...
If your husband did not Answer your Petition for Dissolution after being formally served with the divorce papers, then a Clerk's default would first have to be entered. You should inquire with the Clerk on the status of the Default on your Motion. I assume that you did file a Return of Service with the Court. If not, that has to be filed with the Court so that the Court knows that your Husband's 20 days are up. Once a Clerk's default is entered you would need to contact the Judicial Assistant for the assigned Judge to schedule the case for a final hearing. A Notice of Hearing would then have to be prepared and a proposed Final Judgment should be brought to the Judge for the final hearing, though quite often the Court prepares its own Final Judgment when the party(ies) is/are not represented. You should really consult with an attorney to ensure that the entire process goes smoothly and there are no additional/unnecessary delays. Good luck.See question
We're trying to look ahead at potential end of life costs. Will the estate have to go through Florida probate and the subsequent expenses involved?
The need for probate will depend on whether there would be assets left subject to probate, which is not always the case. For example, assets that designate a beneficiary or that are jointly held are typically not part of a probate estate and pass directly to a designated beneficiary or to the remaining owner. You do not provide enough information as to what type of assets are currently involved. If your relative has the requisite mental capacity to execute estate planning documents, then it would be best to have your relative consult with an estate planning attorney about his or her estate plan goals so that appropriate action can be taken now to preserve current assets and to ensure that there will be no need for probate. All the best.See question
I have been separated for 3 years and still married going on 30 years. My wife is the one who asked for the split. we are now trying to go forward with the divorce. I have and 16 1/2 year old Daughter and a son that will turn 18 in a month.
There is a possibility for her to get both, especially given the length of your marriage. Your spouse's need for alimony is usually assessed after the marital assets and debts have been equitably distributed. Also, there are different types of alimony that can also be awarded. Child support also appears to be an issue in the divorce. It would truly serve your interests to consult with a divorce attorney where all the specific facts of your case can be addressed and a specifically tailored response can be rendered. All the best.See question