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Joanna Marie Mitchell
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Joanna Mitchell’s Answers

1,091 total


  • Sovereignty?

    I want divorce and I have moved on. Husband doesnt want me to see our kid, but holds me to the law saying I cant kidnap him, which is pick him up without his permission etc. Its been 9 mths going on 10. He wont give me and address and has stated ...

    Joanna’s Answer

    I agree with the others. His arguments are foundationless; however, you'll need an attorney to appropriately argue on your behalf. Consult with and hire an attorney ASAP.

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  • What papers do i need to file in response to a dissolution of marriage with debt and assets.

    Served divorce papers on june 13th that state no assets (vehicles) and no debt (mortgage foreclosure) and that i want my former last name. This paper work was filled out by my ex. Who i left five years ago for domestic abuse. Please tell me what...

    Joanna’s Answer

    As stated, you need to file an Answer admitting or denying each of his allegations and you have 20 calendar days from the day you were served to do so. A counter-petition would also be helpful, as stated, to make sure he doesn't voluntarily dismiss the case if he doesn't like how it's going, and also to state your position and claims. You should consult with an attorney if at all possible, as there may be things that you are entitled to that you are not even aware of. As for the forms, you should be able to go down to the Courthouse and go to the Self Help center and purchase a packet of forms to assist you. Of course, having an attorney to guide you through the process would be best.

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  • Can I bring a friend to court with me?

    In a contested divorce during the hearing/trial am I allowed to bring a friend or relative? Just for support not for any other reason. My spouse is a difficult person and having someone familiar around even if they must remain quiet would really h...

    Joanna’s Answer

    As long as the Hearing is held in an open court room, then anyone can attend to observe. Usually, the only time court rooms are closed are if there are sensitive matters pertaining to a minor child, such as allegations of sexual abuse. So, yes, you should be able to bring a friend for support.

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  • How can I change my daughters last name, to mine, with out bio dads approval?

    I made a huge mistake of giving my daughter her bio dads last name. He left us 2 weeks after she was born, and already has a new baby..and now a fiancee. He only sees our daughter on Saturdays for a few hours (when he doesn't cancel) she is 2.5 yr...

    Joanna’s Answer

    I agree with the others. If he will not consent, then you will have to Petition the court to change her name. The key to getting the Petition granted will not be showing how her having a different last name effects you, but rather how changing her last name would be in the child's best interest.

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  • In a no fault divorce state, can a judge order you to go through marriage counseling?

    I have moved on with my life, and I am happy with my significant other. My ex seems to be stuck in the past. My biggest fear is having to go through marriage counseling. I dont want to go back to him and I am adament about it. Will a judge force m...

    Joanna’s Answer

    I respectfully disagree with some of the other answers. In over 15 years of practice, I have ONLY seen marriage counseling ordered when both parties agree to it. Otherwise, it is considered an unconstitutional violation of privacy.

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  • Should I show in person??

    I've file for contempt because my kids mother has not been paying child's support. I live over 500 miles away and don't really have the extra money to travel. If I appear by telephone do my chances of proving my case get thinner? Do u advise I sh...

    Joanna’s Answer

    If appearing in person would constitute a hardship, you can hire a local attorney who can appear in person for you and file a motion to permit you to appear by phone. That way the evidence can be properly submitted. As for proving she isn't paying, that is difficult to say without knowing how the payments are to be made. If they are processed through the Florida State Disbursement Unit, then you just need to get a print out and file it in the Court file so that it is there for the Judge to review if you are going to appear by phone. You really should consult with an attorney though, if possible, in order to best determine your options.

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  • I have a paternity case going on orlando, fl and nothing has happened in it for a year, is there a deadline to do something?

    basically i am the petitioner, i hired alwyer the other side hired a lawyer and then both of us ran out of money, so nothing has been filed in the case for about a year. I just got my tax refund, and am looking to restart the case. I thought the...

    Joanna’s Answer

    If the case is still active and has not yet been dismissed for lack of prosecution, then you need to move quickly so that you don't have to start all over again. The case will not proceed on its own. Things need to be filed so that hearing dates, mediation dates and/or Trial dates can be set. And, of course, there may be documentation needed prior to those dates occurring in order to properly prepare for the court dates. You should consult with an attorney as soon as possible.

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  • How can I request the results for a psychological evaluation?

    DCFS ordered a pyschological evaluation on the father and I know as mentioned in court that there was a referal for medication but he wanted to keep his diagnosis private. The case closed and I never saw the results I am now filing for divorce and...

    Joanna’s Answer

    You can also file a request to produce the evaluation on the father and if he refuses to provide it, file a motion to get a court order and/or to get him to sign a release due to the fact that the evaluation contains relevant information. I agree though that hiring an attorney to assist you in the process would be the best course of action.

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  • Can an 8 yr old boy and a 6 yr old boy, brothers. .share a room with an adult not related to them??

    My 2 sons are sharing a room with my ex wife's roommate. I am concerned with the stuff they say when they are visiting my house on the. weekends

    Joanna’s Answer

    I agree with the others and would additionally add that depending on what your sons are saying, you may need to get DCF involved, as they could actually visit the house and interview the children and roommate. However, prior to doing this, I would consult with an attorney who can best advise you on your potential options after learning more facts about the situation.

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  • Can I hire a lawyer just for a hearing?

    Im not sure if this is silly but is it possible to hire a lawyer just for a hearing? To speak on my behalf? I have a dissolution of marriage and I have done all the filing and am confident I can handle all the filing, serving and such but when it...

    Joanna’s Answer

    There is a thing called hiring an attorney for a "Limited Appearance" which would be specifically for one purpose, such as attending one hearing. However, as stated, it would still take much preparation to be sufficiently prepared, and this presumes that you have compiled all of the necessary admissible evidence. Many attorneys offer free consultations. For you to best determine how to proceed, you should contact an attorney and consult with them regarding the facts of your case, what evidence you have, etc. etc. Only then, would they be able to determine if perhaps a "Limited Appearance" would be sufficient in your matter.

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