Me and my husband got married in March 2016 I realized how mean he was and so i left. We both are active duty Army and after almost a year I finally got him to start the divorce but now he's refusing to notarize and send the paperwork to me. I've ...
First, the fact that you were married in Florida does not govern what state has jurisdiction for filing the divorce. Typically, the proper place to file is where the parties last lived together as husband and wife. However, since you are both in the military, if your permanent residence is Florida, then you may still be able to file in this state.
Assuming you can overcome the jurisdictional issue, you cannot force him to sign the papers. You can, however, file the petition for dissolution in Florida and then have him served at his home in Kentucky. He would then have to file an answer and you could proceed with the case. There are some other issues that could effect proceeding including your husband invoking the protection of the Service Members Civil Relief action. You should consult an attorney before you proceed.
My husband filed for divorce. We had a hearing that I was required to attend. When the judge asked me if my marriage was irretrievably broken I answered no your honor I don't believe so. He said "so you don't want the divorce? To which I answ...
There are two basic legal requirements for the Court to grant a divorce in Florida. First, one of the parties must have been a legal resident of the state of Florida for 6 months prior to the filing of the petition for dissolution, and second, the marriage must be irretrievably broken.
Typically, only one of the spouses must allege that the marriage is irretrievably broken. However, as a member of the Florida Family Law Section of the Bar, we do endeavor to, when possible, try to save marriages. Section 61.052 of Florida Statutes provides:
(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:
1. Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or
2. Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation; or
3. Take such other action as may be in the best interest of the parties and the minor child of the marriage.
Generally, a case management conference is an informal process where the Court sees what needs to be done to bring the case to a conclusion.
So, if you have children, perhaps the Judge is going to order one of the above actions in an attempt to encourage reconciliation.
I wish you the best of luck.
Law Office of Cindy S. Vova
Offices in Boca Raton and Broward County
My husband is a registered sex offender and he wants to be able to visit with his step kids. what do I need to make it where my kids can come over to my house while he is home.
As my colleague indicated, more facts are needed in order to properly answer this question. FIrst, is there anything whereby he is prohibited as a registered sex offender, from being in the company of your children in your presence? Second, is there anything in your divorce that prohibits your new husband from being with the children?
Your best bet is to bring this information, and perhaps more, to a family attorney who could review the facts and guide you. Perhaps there is nothing you need to do at this point, but you may want to be proactive since your ex may seek some "protection" later on.
Best of luck,
I am in a divorce process, I don't even go to mediation yet, the mediation is January 25, 2017. My lawyer already told me she would charge me for 2 hours of mediation. My question is , someone told me when you have to go to mediation you don't h...
As my colleague stated, the agreement you have to pay your attorney is separate from any fees that will be due to the mediator. With very few exceptions, the courts require all parties in family law cases to attend mediation before going to trial. Your lawyer will be there to give you legal advice and help you make an informed decision.
Rarely does anyone get all they want in mediation because, by its nature, it requires compromise. However, mediation is the best method for resolving family disputes, and allowing the parties to move on with something they can live with, and it stops they attorneys fees that can get very expensive if you have to go to trial
Best of luck,
Due to change in company the hours are change at job so the mother of my son and I are trying to modify child support. Can we request mediation or do we need to file paperwork?
Both of you can agree to go to mediation without first seeking the help of the court. I am sure there are many qualified, Supreme Court Certified Family mediators in your area that could assist with this. Alternatively, one of you could hire an attorney to prepare the modification, and if the other party agrees, then he/she could sign an agreement and the lawyer would file all the necessary paperwork.
A lawyer cannot represent both parties as this is an ethical violation. On the other hand, since a mediator does not provide legal advice, he/she would meet with both of you and help you come to an agreement. Afterwards, however, a Petition for Modification (which can be agreed) must be filed to have a judge ratify your agreement. A mediator cannot prepare it for you , however, the mediator can point you in the right direction.
Kudos to you both for trying to work things out! I wish more parents would do that.
Best of luck.See question
I have been divorced for 5yrs and had a so called a lawyer that really didn't represent me well along with having a judge that is known for going in favor to the men. I had been married to my ex husband for 14yrs and I have always worked during o...
If your ex husband is not complying with any provisions in the Final Judgment or Marital Settlement agreement (as I am not sure whether your case was tried or an agreement was reached) you can use the powers of the court to file a Motion to Compel Compliance and/or a Motion for Contempt to have the court enforce the judgment/agreement. However, after 5 years, whatever was ruled upon by the judge, or agreed upon in a settlement will be what governs. If part of a settlement is unclear, then that is another issues that is best discussed with an attorney before pursuing a remedy that may or may not exist.
Best of luck.See question
we are residents of Florida that has no legal separation. Is there a state that we can do this in with minimal or no residency requirements
Unfortunately, most states have some type of residency requirement. However, I am not conversant with the law regarding this in the other 49 states so it is possible there is some state out there that will allow this.
You could, however, consider a postnuptial agreement. However, that would not be something filed in the courts unless, of course, at a later date there was a divorce filed.
Best of luck,
I've been separated from my husband for 1 year. He both started new relationships since. I am in the process of filing for divorce, but I am pregnant with my bf's child, due next year april. Do I disclose that I am pregnant on the petition? What h...
You must absolutely disclose that you are pregnant! As indicated in another answer, there is a legal presumption in Florida that the person you are married to at the time of pregnancy is the legal father. However, there are ways to make this smooth, provided your husband is on board to do so, in order for him to relinquish any parental rights, and ensure that the biological father has legal standing as the father as well. Again, this is a little more complicated than can be explained in an answer. However, a family law attorney can help you straighten this out.See question
I have been declared a victim of domestic violence, I have severe injury from one of the attacks with permanent disability. I am however ordered to pay, now temporary, alimony. I have a non expiring restraining order against her/my attacker.
The first issue a court looks at in determining alimony is the need of one party to receive alimony and the ability of the other party to pay it. On a temporary basis, the judges are awarded great discretion in awarding the alimony, However, you do need legal counsel to examine why the court awarded the temporary support, and to assist you in trying to ensure that the temporary award does not become permanent. Florida Statute 61.08 outlines the factors the court needs to consider in awarding alimony. The last factor allows the court to consider anything else the court should consider to do equity and justice. I would think that the domestic violence makes a compelling case against an alimony award, but you should have your case reviewed by an experienced family law attorney before this becomes permanent.See question
When I became a naturalized citizen, my full name was (fake example) Derick Estuardo Gonzales Espinoza, and I always use Derick E. Gonzales for everything even social security. Can I legally change my name to Derick E. Espinoza without going throu...
Legally changing your name requires, as my colleague stated, a Petition for Name Change. As long as you are not changing your name to defraud creditors (which, per your narrative, you clearly are not), an attorney can take care of this very easily and relatively inexpensively. You will also need to get electronic fingerprints, but your attorney can tell you where to go to have that done once the case is filed. Once you get the name change make sure you get enough certified copies of the final judgment to send to any governmental agencies, credit card companies, etc. to get your name changed.See question