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Gwen Cryer
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Gwen Cryer’s Answers

113 total


  • Am I entitled to half of the equity in our home if she owned it outright prior to our marriage?

    We are divorcing after 3 1/2 years. During that time, we made numerous improvements to the property and home. Along with the current upswing in property values the improvemnets have increased the homes value. Am I entitled to half of the bulit up ...

    Gwen’s Answer

    Yes, pursuant to Florida Statute 61.075, you may assert a claim of enhancement in value or appreciation of nonmarital property.

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  • When I get my finger prints taken for a new job something that was rejected back in 2003 still stops me from being hired. How ca

    how can I prove there is nothing there ....when there is nothing there?

    Gwen’s Answer

    Sorry your language is a little unclear. If you are unclear of what your criminal record has on it, I would suggest doing a background check through FDLE. That way you can know what is on your record for sure. If there is just an arrest that was dismissed, you should qualify for expunction. You will want an attorney to help you through the expunction process, but you can do a background check yourself from FDLE.

    Gwen J. Cryer
    Attorney at Law
    1507 Park Center Dr., Suite N
    Orlando, FL 32835
    Telephone (407) 370-9661
    Fax (407) 370-9480
    E-mail gcryer@lawgrp.net

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  • Can I get an order changed that was decided in mediation?

    I had mediation and came to an agree with about visitation for my child which my attorney was present. However he has not been doing a great job and I recently found out he doesnt really practice in family law. The other party has filed a contempt...

    Gwen’s Answer

    If he's not following the agreement, and you're not happy with the agreement, then it sounds like neither of you wants to keep it. Obviously, if you both agree to changes then it is not a problem to do an amendment or addendum to your agreement. If he insists on keeping it, then whether it can be changed by you depends on some things. Usually, once final agreements are signed they are final, so that parties don't sign agreements and get "buyer's remorse" and want to change it the next day. Absent the parties' agreement to modify, a time-sharing schedule generally may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child(ren). They can also be changed if another party is not abiding by it (pursuant to contempt hearings). Sorry, this is the sort of thing that really depends on facts specific to a particular situation.

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  • Can I file for divorce in a different country even though I got married in Florida?

    I'm trying to look for lawyer that can represent me during the divorce. I've been struggling finding someone that can take my case. This is because I have a domestic battery case,but no charges on it under my name. And I have a restricted order I...

    Gwen’s Answer

    Lots of people with criminal charges and injunctions, etc. get divorces so I don't see how that would prohibit you from finding representation in Florida for a divorce. You have a child here, so I would recommend contacting an attorney in your county to obtain a divorce. Florida can enter a child support order for your child, which you can then most easily enforce and modify as needed here.

    Gwen J. Cryer
    Attorney at Law
    1507 Park Center Dr., Suite N
    Orlando, FL 32835
    Telephone (407) 370-9661
    Fax (407) 370-9480
    E-mail gcryer@lawgrp.net

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  • How much is it for a Legal Separation?

    How much is it for a Legal Separation?

    Gwen’s Answer

    There is no "legal separation" that can be filed with the Courts in Florida, though I have done Petitions for support (spousal and/or child support) unconnected with a Dissolution of Marriage. It is rarely done since if you are filing for such relief it usually means your marriage is broken so you would just file a Petition for Dissolution of Marriage (Divorce). Attorneys fees can vary from attorney to attorney, and depend upon what relief you are seeking. So I would suggest contacting an attorney local to you for a consultation to discuss in more detail.

    Gwen J. Cryer
    Attorney at Law
    1507 Park Center Dr., Suite N
    Orlando, FL 32835
    Telephone (407) 370-9661
    Fax (407) 370-9480
    E-mail gcryer@lawgrp.net

    See question 
  • In florida I my husband left the home and has not returned for a week can I stop him from returning home?

    My husband left the home a week ago to think. How long does he have to be gone before it can be desertion??

    Gwen’s Answer

    Either spouse can file for a divorce in Florida if you have lived in the State for at least six months immediately prior to filing, and you believe your marriage is irretrievably broken. You do not need to establish desertion--it's more of a matter of whether you believe you can repair your marriage. If not, you can file for the divorce. And you can request in your Petition that you have the exclusive use and possession of your marital home.

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  • My ex wants to leave state with my unborn child. Help?

    My ex girlfriend is 6 months pregnant with my baby. She won't speak to me and she told me to leave her alone and just to give up. I had to give her what she wanted because I don't want to look like some stalker freak. We were ever married. She pla...

    Gwen’s Answer

    Contact an attorney ASAP. Once the Petition for Paternity is filed, an Administrative Order takes effect prohibiting her relocation. Florida Statute 61.13001 also prohibits her relocation once there is a pending action to establish time-sharing. Unless that is filed, she can leave since you would have no rights. Please feel free to call me, or any of the other attorneys responding here who are local to you, to discuss.

    Gwen J. Cryer
    Attorney at Law
    1507 Park Center Dr., Suite N
    Orlando, FL 32835
    Telephone (407) 370-9661
    Fax (407) 370-9480
    E-mail gcryer@lawgrp.net

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  • Family Law Question

    I have a 6 yr old son with my ex husband. We have a parenting plan where they go to him every other weekend and we split the summers in 2 week blocks. My brother is getting married next June and the date falls on my ex's summer time with our son. ...

    Gwen’s Answer

    It is so far out in time I would think he could arrange just switching and not be impacted. I am left to wonder why he would say no (if he has a good reason), and whether he has your son's best interest at heart. You have a lot of time to work with him on this. I would suggest keeping record of his refusal to make reasonable changes to the time-sharing schedule. The first factor in Florida Statute 61.13 (the Statute the Court uses when determining what time-sharing is in the best interests of a child) is "The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required."

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  • Where to retain an attorney?

    married 34 years, primary residence of 28 years in So. California, non working spouse lives there, I am living and working in Florida

    Gwen’s Answer

    If you have lived in Florida for more than 6 months, you can file for a divorce here. Contact an attorney in your county and set up a consultation. I'd imagine it would be considerably more convenient for you to file here than in California, so unless there is some particular strategic reason why you would want to file in California (e.g. witnesses reside there) then file here.

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  • How can i get divorce if my extrange husband wont signed divorce papers, he left me for someone else

    we got married in july/ 2009 he left me for someone else in 8/2010 how can I get a divorce without his signature, I have asked him for a divorce he states never, I also think he was married when we got married

    Gwen’s Answer

    You can file a Petition for Dissolution or an Annulment. You will want to consult with an attorney regarding the differences and how to proceed so that you can obtain an Order giving you the relief you request, regardless of whether your husband responds or not.

    Gwen J. Cryer
    Attorney at Law
    1507 Park Center Dr., Suite N
    Orlando, FL 32835
    Telephone (407) 370-9661
    Fax (407) 370-9480
    E-mail gcryer@lawgrp.net

    See question