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Joseph Julius Registrato

Joseph Registrato’s Answers

1,581 total


  • I have been married 50 years and separated for the past 12 years if I pursue a divorce,do I pay all legal fees

    Have been separated for 12 years,he never allowed me to return to our house,and I did try.He tells me after almost 50 years of marriage,I don't have any rights to anything especially since we have been separated for so long. I want a divorce and ...

    Joseph’s Answer

    How much money you ought to be thinking about spending on "legal expenses" should be connected with how much you expect to get from the divorce process, and the only way to know that is to determine what property, (including retirement funds, cash, investments), was accumulated during the marriage, and how you both look financially after divorce. The ten year separation will make a difference, but not as great a difference as you (or he) thinks it will. What you need to do is sit down with a family law lawyer and go over the details of your marriage and separation, and then you make a decision about how much you ought to invest in the divorce process. Whether he will have to pay your lawyer is a question that also will be answered after talking about his situation.

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  • Does a emergency motion for pick up of child override a domestic violence injunction?

    I went to the court house and filed a petition for an injunction for my child who is a minor 10/12/15 it was granted. A hour ago cops came to my home saying they would take me to jail if I didn't release her do to an emergency motion signed by a d...

    Joseph’s Answer

    It can be because you and the father are down there filing stuff and neither of you are telling the court what the other is doing, if you even know about it. Serious consequences can result from this and both you and the father have a lot to lose. You both ought to have lawyers, but people do crazy stuff on their own and this is the result.

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  • I have been married for 35 years. Am I entitled to alimony?

    I have legally supported my husband with every bank loan, mortgage, etc as his credit was bad. Business has picked up and he's decided he loves his business more than me. What's the best way to protect myself?

    Joseph’s Answer

    Sounds like you have a lot to lose and/or gain in divorce. Whenever that is the case, you need a real lawyer who gets paid real money because there's a lot at stake. Talk to some family law lawyers and choose one you like and trust.

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  • I want to revisit my divorce settlement from 10 years ago. What are my risks and probable improvement for me living only on alim

    Living only on alimony while he lives in high style? I am disabled.

    Joseph’s Answer

    "Revisiting" a final judgment in a divorce case is usually only possible when there has been a "substantial change in circumstances," which is a term that has a special meaning in the law of Florida. Your alimony claim should have taken into consideration your needs and his ability to pay at the time of the divorce, including any disability that was present at the time of the divorce, not ten years later. Your "risks and probable improvement" can be measured only after careful analysis of your divorce decree and the facts of your case, so any answer at this point would be mere guess work and conjecture.

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  • I have a pending divorce in one county. Am I allowed to move to another county or do I have to wait until the divorce is final.

    I have a pending divorce involving my daughter in the current county I live in. My ex moved a different county just days before our divorce was filed. I am expecting a new baby with my girlfriend and with her kids we will need a 4 bedroom house. T...

    Joseph’s Answer

    A move after petition is filed could be a problem for a couple of reasons, one being court approval is necessary in a custody case if you're moving more than 50 miles from the last place you lived with your husband and the child, but a move could also effect time sharing issues even if you're not moving more than 50 miles away. You need to see a family law lawyer and I recommend that you do that before you move anywhere.

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  • Husband of 5 years wants post nup and if I refuse, he says we divorce. What are my rights as a mother? I

    I suffer depression & ADD & Anxiety. I am on meds and have been seeing a psych for a couple years. I do have a past of drug use but hace over come it went to detox and all. I work part time looking for fulltime. I went to school in 2003 for Medica...

    Joseph’s Answer

    Very good question and issue presented here, but unfortunately no easy answers. You need a lawyer, and if your husband has assets and you don't, you can get the court to award you attorney's fees. Find a lawyer that will go after the husband for the fees. This is provided for in the law and you sound like you qualify to get them.

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  • What steps do I take to respond to petitioners motion to amend our divorce proceedings

    I have been going through a divorce with my ex husband for almost a year. He has a lawyer I cannot afford one. He is been very nasty calling DCF on me he is currently filed a motion to amend stating that I'm a drug addict which is false I have DCF...

    Joseph’s Answer

    The law is that in family law matters, both parties should have equal access to lawyers, which means you may be able to get the court to award you fees if your husband really does have greater resources than you do. So it really doesn't make sense to say he has a lawyer while you can not afford one. Not really supposed to be the case. All these other matters you bring up need the attention of a lawyer. Try to find one that will get the fees out of your husband.

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  • Is Spouse entitled to a portion of an Inheritence

    I am filing for divorce soon and learned I'm receiving an inheritance. Is my spouse entitled to a portion of the inheritance or not? we have only been married 1.5 years.

    Joseph’s Answer

    The word "commingling" has been used by the other lawyers. It is good advice, as far as it goes, but what does the word mean? Be very careful. Using your inheritance for ANYTHING connected with the marriage, such as paying marital bills, could make it a marital asset. What about paying your divorce lawyer? Is that a marital bill? You better check with your divorce lawyer or risk sharing the entire inheritance with divorcing spouse. Many answers raise more questions. This is precisely a case that brings up the old saying, "A little knowledge is a dangerous thing."

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  • Husband receives disability check from the military but deposits in joint account, I take half, can judge award back 2 him?

    We have been separated a year. He is planning to file for dissolution of marriage & include payment in full of $15K back.

    Joseph’s Answer

    Sounds like a typical day in family court litigating an issue of Equitable Distribution. This statute is like many others in Florida jurisprudence, filled with surprises and twists and turns that legislatures and courts have made over the many, many years it has been on the books. Lawyers spend years in in school and after school they go to seminars put on by experts in the law of equitable distribution. You have a good question that deserves to be answered by an expert who can give you some assurances on how the inevitable fight over entitlement to money will come out. Nothing in this space can come close to what you need, which is a lawyer who can spend the time to learn the facts and then research the law before giving you a solid answer. If you don't have a lawyer, I suggest you get one. You have a lot to lose.

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  • Is there a way for me to get my property back from my ex?

    I left my ex about 8 months ago under the agreement that she would send my things to my new place within the week of my moving out. In that time she has had to relocate, and I have also assisted her financially in that process by sending her roug...

    Joseph’s Answer

    In divorce law it's called Equitable Distribution of Marital Property, and family law lawyers know all about it. The question is going to be whether your stuff is worth the legal expense of getting a court to hear it and the chances of you getting anything back. All of the factors you mentioned will come in to the argument, but you still have to be able to place a value on the property that the court will find credible. How you expect to do that? Speak to a family law lawyer, that's my advice.

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