Archived
My soon to be ex husband might take my kid away without my permission, what are my options? I live in FL.
Elliot's answer
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Answered on March 15, 2014
Have him take a hair follicle test. Why hasn't he taken one already?
Get an attorney asap. There is no way he should be getting the...
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Archived
I want to divorce and not pay alimony. My wife is getting laid off. Should I wait until she is employed again first?
Elliot's answer
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Answered on March 15, 2014
Much depends upon how long you were married?
Generally, it probably makes sense to wait until she is employed. However, you don't want to wait...
Archived
Subpoena witnesses in a motion for contempt in divorce?
Elliot's answer
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Answered on March 14, 2014
Subpoena the witness. You can't have to much ammo. This type of hearing is typically set for 1 hour, which basically means you have half that...
Archived
After 2 mths of seperation, parent requested a 60/40 split but it is only taking 75/25 w/no formal agrmnt. Will court go 75/25?
Elliot's answer
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Answered on March 11, 2014
If the other parent is not exercising time-sharing that he/she is entitled to, that is highly relevant to the final determination.
In...
Archived
My husband and I have been living apart In Florid His aunt in Arzonia died and left him some money.. am I entitled to any of it.
Elliot's answer
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Answered on March 11, 2014
Florida doesn't recognize the concept of "legal" separation anyway.
Unless he commingles his inheritance with marital funds, you probably won't...
Archived
Can I purchase real estate before my divorce?
Elliot's answer
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Answered on March 11, 2014
Technically, you can, but that would be a foolish way to proceed. He may claim it was marital property subject to equitable distribution in the...
My ex-wife keeps changing my legal address with Mortgage Company yet she screams I am interfering with the servicing of the mort
Elliot's answer
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Answered on March 07, 2014
Surely she was obligated to keep the mortgage current. Get proof of what she is doing and pursue a Motion For either Contempt, and/or for...
Archived
Can a drug test be requested from parents during a child custody case?
Elliot's answer
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Answered on March 06, 2014
Sure. However, you need to convince the Court that it would be necessary.
As you won't get a "do over" if things go badly, you should confer...
Reunification/reintroduction schedule
Elliot's answer
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Answered on March 06, 2014
Have him come out here to spend at least 2 or three weekends with the kids. The first 1 or 2 should not include overnights. Does he really...
Is there a Statute of Limitations to vacate a divorce that was obtained by extrinsic fraud?
Elliot's answer
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Answered on March 06, 2014
There is no such statute of limitations. However there is a legal doctrine called laches, which basically means if you sit on your rights, you...
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