I'm in the middle of trying to get a divorce. My husband is out of town on business and making money, My only income was from a company we have together which is photography for weddings. He recently liquidated it forged my signature and the comp...
Florida has a rule called "mandatory disclosure". Once you file for divorce, both parties are to provide, at a minimum, a Financial Affidavit (FA). The FA will contain information obtained from other documentation such as bank account records, credit card statements, ledgers, financing statements and, without limitation, both personal and business tax returns. If your Husband has transferred assets, closed accounts or the like, then you may also inquire as to when and where the monies have been deposited or used. This may require due diligence on your part (or that of your attorney). You may also consider filing a motion to enjoin the dissipation of marital assets as well as a motion for temporary spousal support. Courts usually require the parties to attend mediation prior to any temporary relief hearings but some exceptions are made.See question
I want to file for divorce and child custody but i am having trouble on residency and when to file. I lived in california for 11 months before moving to florida. I moved to florida march 31 to aug 28. I moved back to california and have been here ...
I assume your Husband is a resident of California. If your Husband has been a resident of Florida for at least 6 months with the intent on permanently residing in Florida, then you may file for divorce in Florida under his residency. A court which has jurisdiction over the divorce may not necessarily have "subject" matter jurisdiction over the Child(ren). If, within the past 6 months, California at one time was the "home state" of the Child, then California remains the home state since you did not live here for 6 months. Notwithstanding, California may be the more convenient forum if all material witnesses who have first hand, personal knowledge of the Child's health, day/aftercare and you and / or your Husband's relationship with the Child are located in California.See question
The house is in my name only, but I purchased it while I was married to him, but purchased it without him. No minor children under 18 years old.
I agree with my colleagues and would add that, if the Home was purchased with monies you had prior to the marriage and that you never co-mingled those monies with your Husband's money or other marital funds, then you may claim the House as your non-marital asset. If the Home was purchased with marital funds, then, yes, same may be considered marital.See question
He hasn't been around my kids in 7 years and recently popped up at my house 11:30pm and wanting to suddenly be back in my kids life.And was complaining about income tax money,and being on other documents like school stuff ect.
I also assume a parenting plan and timesharing arrangement are in place. With that said, you can file for a modification of the parenting plan/ timesharing seeking to change the timesharing to something more restrictive. In order to prevail, you would need to allege and prove that the Father's absence was unanticipated by you. You certainly can prove that the length of absence (7 years) is material. Also, child support would need to be revisited. If the Father previously had "substantial" timesharing and he has not exercised this timesharing, then this would also serve as a basis for modification.See question
Former spouse has requested extensive production of personal and business documents going back 5 years. I have already produced most of it for the last 3 years in the mandatory disclosures. Is there any good legal basis to object to this?
The primary factor to consider is the relevancy of the request. If the child support was ordered 5 or more years ago, and you are now claiming that your business is in decline this past year, then going back 5 years may be relevant. If the child support was ordered less than 5 years ago and she requests discovery preceding the date of the child support order, this may be irrelevant. If your present earning capacity and income is not at issue, then requesting financial information going back 5 years may be irrelevant. The answer depends on the circumstances and why she is asking for 5 years as opposed to 3 years or less.See question
I am unmarried and would like to move to another state with my daughter to get away from her father. There is no previous custody agreement.
Without any prior court orders establishing the Father as the legal father, you remain the natural guardian of the Child and may consider moving. However, this scenario is not always black and white and I recommend you speak with counsel before relocating about your options. If you relocate with the Child, the Father may still file for paternity and seek timesharing rights, in Florida. If the Child is greater than 6 months old and has been residing in Florida for the past 6 months or longer, then Florida may be considered the "home" state of the Child even the Child would be physically present in TN. Further, if the Father is already exercising timesharing with the Child and has a bonded relationship with the Child and is assisting with her support, then the Court may view your relocation as an attempt to frustrate the Father's relationship with the Child. I recommend you seek advice prior to moving.See question
I am married but i haven't seen or heard from him in 6 years. He resides in another country now. We do have a 7 year old son. Hes never provided support for him. I want a divorce but can't afford a lawyer. How can i go about this without a lawyer...
You can obtain the divorce packet (with children) from the Clerk. In this instance, you will also need to do a diligent search for your Husband. In the packet, you will see an "Affidavit" of diligent search. If you have legitimate reason to believe your Husband is in another country, you will also need to indicate this in the Affidavit. You will then need to provide the Clerk with a "Notice of Action" to be published in a local paper giving your Husband what is called "substituted" service of process. Once the publication period is up and assuming your Husband has not responded, then you may move for a default. In a child custody/ timesharing matter, the Court will still inquire of you as to matters pertaining to your child and his best interests. I would anticipate the Court asking for some evidence of how you know your Husband to be residing in another country as opposed to in the States. Be prepared.See question
Here's the scenario, a final dissolution of marriage with one minor child was ordered in one county 3 years ago. The respondent/"Mother" and child had since moved to another county by permission of the Court. There haven't been any proceedings sin...
You do not have to file for a change in venue in the original county ("A") to file your supplemental petition to modify timesharing/ visitation in a different county ("B"). You may need to obtain certified copies of at least the Final Judgment from County "A" and then ask County "B" to take judicial notice of same. You may file where the action arose("A") but you can also file in County "B" if that is where all the relevant information and witnesses are located (convenience or what is called "form non conveniens" argument). If you file in County "A" and proceed in that county, you may have a difficult time getting any relevant witnesses in County "B" to County "A" to testify. If the Father files in the original county "A", you may then move to have venue transfered to County "B" (again, where all the relevant information and witnesses are located).See question
My son's mother is taking me to court so she can claim full custody. he is claiming 4 incidents throughout the 6 years and twisting the story around to make me look like an unfit father. She says she has witnesses. Can this hold up in court? How d...
In Florida, the Court will evaluate a variety of factors in establlshing parental responsibility and timesharing (what we used to call "custody and visitation"). If a parent shows a propensity of not working with another parent to foster a relationship between that parent and the child, then the Court may consider this in awarding timesharing. If any of the 4 incidents rise to the level of abuse or neglect, then this too may be a factor used in evaluating timesharing. Generally, both parents are to communicate with each other in making decisions regarding the child's academics, health care, extra- curricular activities, and religious upbringing. Sometimes the Court may award one parent with ultimate decision making authority. If the Mother is denying you timesharing, then you may consider filing a petition for paternity and ask the Court as part of that proceeding to establish a parenting plan. If a Department of Revenue case has resulted in a judgment of child support, you will need to include the DOR as a party to the paternity case. As for the maternal grandmother, the Mother may leave her with a POA because you are not a natural guardian of the child. In order for you to have rights as an unmarried father, you need to file your Petition for Paternity requesting parental rights. Once this is done, then you may be awarded the right to co-parent and timeshariing which may take precedence over a grandmother.See question
I am in the process of revisiting my timesharing plan with my former wife. We have been divorced for more than 12 years and now my ex-wife wants tor review the plan we had in place. To my surprise the law has changed favorably for fathers. One of ...
If a GAL was appointed, then I have to assume this situation has a great deal of acrimony which is impacting the children. The GAL speaks with the parents, the children, and other witnesses such as family, teachers, counselors and friends. This information is then put into a report and recommendation to the Court. The Court does not simply rubber stamp the Report but it is given weight by the Court. If the GAL is ok with something, then I have to assume the recommendation is based on a totality of circumstances investigated by the GAL. In most instances, the Court would prefer a childI(ren) to be with the other parent if he/ she is unable to exercise his/ her court ordered timesharing but every case is unique. I agree with my colleagues that the best interests of the child standard is of paramount importance.See question