married in church was told she couldn't have license would lose her insurance we did all the counseling and are in the marriage log, but no license. everybody even are account was told we were married. banks allowed many wrong things to happen w...
First, Fla. Stat. 741.08 states: "Marriage not to be solemnized without a license.—Before any of the persons named in s. 741.07 shall solemnize any marriage, he or she shall require of the parties a marriage license issued according to the requirements of s. 741.01, and within 10 days after solemnizing the marriage he or she shall make a certificate thereof on the license, and shall transmit the same to the office of the county court judge or clerk of the circuit court from which it issued."
So, generally, no license, no marriage.
But, Fla. Stat. 741.10 states: "Proof of marriage where no certificate available.—When any marriage is or has been solemnized by any of the persons named in s. 741.07, and such person has not made a certificate thereof on the marriage license as required by s. 741.08, or when the marriage license has been lost, or when by reason of death or other cause the proper certificate cannot be obtained, the marriage may be proved by affidavit before any officer authorized to administer oaths made by two competent witnesses who were present and saw the marriage ceremony performed, which affidavit may be filed and recorded in the office of the county court judge or clerk of the circuit court from which the marriage license issued, with the same force and effect as in cases in which the proper certificate has been made, returned and recorded."
So, if you were married by a person allowed to marry folks, and if you have two witnesses from the ceremony who will attest to the marriage, and if you then file that affidavit with the clerk, you'll probably be considered legally married as of the date of the ceremony. There's a bunch of "if's" in that sentence, though. If that's the case, then you can probably file for divorce. But, if any of those "if's" apply, then maybe you aren't married, anyway.
It would probably be worth speaking to a family law attorney in your jurisdiction to assist you in figuring this out...See question
I am accused of domestic violence where the victim did not receive any injuries. I however did. Under Florida statutes. Domestic violence is defined by the victim receiving injury or death.
Injury is just one aspect of domestic violence. According to Fla. Stat. 741.28(2), “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Many of these elements do not include physical injury. Injury is just one aspect of domestic violence in Florida. You should consult with a family law or criminal defense attorney in your area.See question
I get my son every other weekend and some weekends I work and will leave him with family, a sitter or child care service. My ex became upset because I am allowing my son to have a relationship with her estranged father. She thinks he is unsafe and...
If it is proven you are lying, the court may consider that when evaluating your truthfulness and reliability in other areas and issues. It is likely in any scenario that a court is going to order payment in full of the back child support (hopefully by adding a percentage to your on-going CS payment. You should definitely consult with a family attorney in your area.See question
My ex and I have went to mediation and settled on a custody agreement on our daughter. In our agreement, it says that either parent can move within 50 miles from their current address. If more than 50 miles, it states that the other parent would...
The statute (Fla. Stat. 61.13001) provides the 50 mile number. Caselaw provides that the 50 miles is measured in a straight line, as the crow flies. While it seems that you can move, it depends on what your existing parenting plan says about other issues, such as education. If it provides for shared parental rights in terms of those other issues, and the mother does not agree to the change on the child relative to those other issues resulting from the move, you will have to seek court assistance resolving the issue. See the statute, above, and the case of Dickson v. Dickson, 169 So.3d 287 (Fla. 5th DCA 2015) for more information. You should consult an attorney in your area familiar with relocations across state lines for assistance.See question
I have two children they've been living with their grandparents sets 2015 due to me being homeless and safety reasons I had relationships with my kids until I got with my fiance I am with now the grandparents of my children denying me to see them ...
From what you've described it sounds like the grandparents have applied for some sort of public support on behalf of the minor children. When this occurs, the state wants the parties caring for the children to be getting some sort of support from the other parent (or parents, in the case of third parties, like here). You should definitely speak to a family law attorney in your local area to assist you.See question
On march 6th, 2017 my restraining order for stalking/harassment got granted. Both the respondent and I are female, for months she had followed me around and grabbed me by the shoulders, forearms and collar of my shirt. I have sworn affidavits from...
You should definitely contact a family law attorney in your area to assist you.
Presuming everything you have described is accurate, it seems likely a court would deny her motion to terminate the injunction early. But, that will ultimately depend on the evidence presented and the court's determine that an injunction is still appropriate.See question
My ex has primary custodial,I have secondary of our 15y/o daughter from court judgment in 2010.I only agreed to him being primary because I did not want to put kids through that.As long I was able to see them whenever I want,I wasn't going put the...
You should definitely contact a family law attorney in your area.
Other than routine case management conferences, a court is not likely to set a hearing on anything on its own. If a party wants a hearing on their motion, they need to set it, following the procedures in their jurisdiction.
It seems unlikely a person would go to jail for failure to comply with a parenting plan as you have described. That being said, it is never a good idea to violate a final judgment or other order of a court..See question
An agency who has taken my child based on false allegations has continued to bring up anything in an effort to build a case against me. The agency has brought up on court documents regarding prescription I was prescribed for my diagnosed disabilit...
Presuming the information was lawfully obtained and otherwise admissible, if the agency can convince the court of the "nexus" (the connection) between the alleged mental health condition and the minor children then, no, that would probably not be considered discrimination as the issues is relevant to the determination of the best interests of the children.
You should definitely contact a family law attorney in your area to discuss this issue.See question
My husband and I have been separated for 2 years and we are currently filling out divorce paperwork. Our 6 year old daughter lives with me and spends one to two days a week with him. He does not approve of my religious standing and has made threat...
You could phrase the timesharing in the parenting plan exactly as you have described above. But, in my opinion, the four worst words in family law are "as the parties agree." My $0.02, it is better to have a specific timesharing plan that you deviate from upon agreement, based on his work schedule.
As far as relocating, if a case has been filed he has to have court approval or agreement from you to move out of state. If a case has not been filed, either he or you can move, but the other party can seek assistance from the court getting the children returned.See question
Divorced for 4 yrs now. Ex-husband and i timeshare, but i am custodial parent. He has finally gotten insurance on the kids after some time now. He is not only refusing to give the information. But changed their dr without my knowledge and will no...
It will somewhat depend on the language in the parenting plan. Typically, Florida parenting plans require the parents to share information such as you describe. If your parenting plan does have that language than the simplest thing would be filing a motion to enforce the parenting plan.
You should consult with an experience family law attorney in your area. It is entirely possible that a simple letter from an attorney to your ex-husband may achieve his compliance without the need to involve the courts.See question