Frequently Asked Questions on Family Law and Divorce Issues - State of Florida
(Hold your mouse over a question or click on the question for the answer)
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Can I get my spouse removed from the house or do I have to leave?
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I cannot get my spouse to take the children on his/her time. What can I do?
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Can I relocate with my children if my ex is not paying child support?
My spouse has a drug and/or alcohol problem. I want to end our marriage. Will I get custody of my children and how do I protect them?
More than likely, you will get your children for the majority of the time and, depending on the severity of the problem, safety measures will be put in place to ensure the safety of the children when with the troubled parent, while still protecting the sanctity of the relationship between the children and both of their parents.
My spouse and I just received our new furniture, but I now realize I must end our marriage. Will I get any of these new furnishings? If not, how can I afford to start over and purchase new furnishings?
Are you the one that is willing to move out? If so, you are certainly entitled to half of all the furniture (and half of the debt if it is not paid in full). Your children are entitled to all of their furniture and other belongings.
Last week, my spouse took $30,000 out of our savings, bought and paid cash for a brand new vehicle. This was done without my permission or authorization and I want to end the marriage. Can I get this $30,000 back?
Your half of the $30,000 taken would have been $15,000. If the savings accrued during the marriage you are entitled to that. Or you will be entitled to $15,000.00 from your spouse's share of some other asset or you will receive that much of a credit off of a marital debt that is owed. Alternatively, the vehicle can be sold and you will get $15,000.00 from that.
Can I get my spouse removed from the house or do I have to leave?
It will depend on who has where to go. Contrary to popular belief, you will not abandon your rights if you leave the home. As for the children, if any, it could be considered abandonment if you left them. However, the courts understand that sometimes people just have to get away from each other and that is certainly considered. A court order can be obtained, for exclusive use of the marital home pending the outcome of the divorce, but this takes time. Alternatively, if you are in some type of physical danger, you can get a restraining order against your spouse and/or on behalf of the children, and this also can cause a change of residency. Be warned, many spouses abuse the restraining order process to get the other spouse removed from the house. If you do this, it can be used against you during the dissolution process. Alternatively, your spouse can call and report you to the police for the slightest matter and lie as to what happened. You must be cautious during any time with your spouse.
I cannot get my spouse to take the children on his/her time. What can I do?
Not much. Did your prior agreement have any language to deal with this type of situation? Many times parents plan for the other to take the children on a certain weekend and then that parent cancels at the last minute, causing the other parent to now change their plans. There are times when this is done through no fault of the other parent. There are also times when it is deliberate in order to harass the other parent. If it is being done maliciously and deliberately, the "injured parent" can go into court and seek some type of relief, such as getting the other parent to pay for child care in the event same is necessary. Also, since time sharing is directly related in calculating child support, this may be enough to modify child support so that the "injured parent" is receiving more in child support for the extra time they have with the children.
I worry that my spouse/ex-spouse is going to pick up the children at school while he/she is under the influence of drugs and/or alcohol and that he/she will not return them to me. How can I stop that from happening?
The court will do everything in its power to help protect the children and keep them safe from harm, all while acting in the best interest of the children. If the spouse is listed as a contact at school (all parents should be unless there is a specific serious reason and/or court order to the contrary), then you must contact the court, let the court know what your fears are, and get an order to stop that party from picking up the children. The school should also be alerted of this concern. The school should not send a child in a car with an adult who appears to be under the influence of any substance which can ultimately have a negative effect on the children.
Can I relocate with my children if my ex is not paying child support?
Now there is a relocation statute that requires certain criteria being met prior to one parent being "allowed" to relocate with the children - not paying child support is one of the criteria that the court will consider.
Will I get any money from my house after it is sold?
You will get half of the net equity, half of the furnishings, and all of your personal belongings from the house. Net equity is the monies remaining after the mortgage(s), lines of credit, fees and costs, taxes, etc., are paid from the sale.
My soon to be ex currently pays for all health insurance. Will he/she have to continue to pay during and after our divorce?
As for the children - yes, and that will be calculated into the child support guidelines. As for you, most likely not. However, it depends on many circumstances, including your health and insurability Obviously, once you are divorced, you cannot be insured as the spouse and the coverage could be considerably more expensive to maintain. Your spouse may have to pay a portion of it, or may have to provide enough alimony so you can pay for it directly. Many factors would be considered and evaluated. An attorney can explain this to you.
When I have my children with me for a visit, my ex sometimes contacts DCF to do a "welfare check". This is becoming very harassing. Do I have to fear that I might lose my children?
Unfortunately, this is a game that many people play. If you are not doing anything that is placing your children in harms way, then you have nothing to fear. However, the mere presence of DCF coming to your home when you have the children is most likely causing trauma to them. You should contact an attorney who, after a full discussion on this issue, can give you guidance as to what steps you might be able to take, including bringing criminal charges against the harassing spouse.
My spouse fraudulently signed my name for a large purchase and I am now being sent the bill. We are in the process of filing for divorce. Am I financially responsible for this purchase?
Most likely not. You may need to contact the State Attorney's Office to press charges. As for the family court, they can transfer that responsibility solely to your spouse. However, the company may still come directly after you, especially if your spouse refuses to pay. This is why criminal charges should be pursued.
I have a job opportunity and family support outside of the State of Florida. Can I move with my children?
As stated in another question, there is a relocation statute that requires the meeting of many criteria. Job offers and family support are a few of the things the courts consider in a relocation action.
I moved from another country and gave up my high paying job and licensure to be with my spouse. We have only been married for 3 years. My spouse is financially successful and I need alimony to get started here and re-educate myself for my licensure. Will he/she have to pay alimony?
You may be entitled to rehabilitative alimony to enable you to re-educate yourself in the United States, as well as to live while you are going to school. However, there are many factors to consider and you must speak with an attorney regarding these factors. Keep in mind, that based on these factors, your spouse may or may not have to support you for very long, if at all, as this was a very short term marriage.
I had a baby with a person whom I never see. My baby is now 3 years old and that person is attempting to come back into our lives requesting time with the child. Do I have to allow this?
You will need a court order. Are you receiving child support from this person? If not, you must. You cannot waive your child's right to child support. Your child is entitled to be supported by both parents. Additionally, the baby's father does have some rights and the court will ensure that time sharing is such that it protects the best interest of the child. If there are drug or alcohol issues, that will be considered by the court. However, if the father is just a normal every-day type of person, he will have time sharing with the child, if he so chooses. It will probably be on a graduated scale to enable the child and the father to get to know each other. It will happen and should happen, as studies show that children thrive best with the love and nurturing of both parents.
Do you handle "Dad's rights"?
I fully believe in the rights of both parents equally, assuming both parents are fit. I will fully do my utmost to protect the children from any parent who is not acting in their best interest, as will the court. When it comes to a split family situation, the days of mothers having all the say regarding the children are far over in the eyes of the law.
My spouse has a "mean" attorney. Are you aggressive?
I am sure the attorney "attacking" you seems mean, but most likely is merely doing their job, which is what we all do. I can be and I am very aggressive when necessary. What you need most is someone who gets the job done to your benefit and in the most cost effective way so that you may save your money for your future and for that of your children, rather than spend it on attorneys fees.
I live in another state, but my spouse is bringing me to court in Florida. Can I retain/hire you over the phone to handle this for me, or do I have to come to Florida?
Our firm handles clients every day who are in other states as well as other countries. After you provide certain information to me about your case so that I can ensure client confidentiality, I will be happy to arrange for a telephone conference to determine how your issues can best be handled. In certain instances, you may not have to come to Florida.
Is permanent alimony forever?
Not necessarily. Once the paying spouse retires and/or can no longer afford to pay, it will be modified. If the receiving spouse remarries or lives in a supportive relationship, it can be modified. There are many ways it can be modified by either party. An attorney should be consulted for guidance.
Will I receive/or have to pay alimony, and if so, how much?
This is an extremely common question and unfortunately, it depends on numerous factors. The question can not be properly answered without a considerable amount of information and background. Once I have that information, such as length of marriage, income of the parties, what is left after property has been distributed, ability of one party to work, etc., etc., then and only then can this question be answered in a legally correct manner. Please arrange a short telephone consult to provide certain information and we will be better able to assist with a proper answer.
How much will my legal fees be?
Many people have no idea how much an attorney and legal representation can cost. You must keep in mind that you are paying for a professional with many years of legal experience, who will assist you in navigating through a complicated and not very "user friendly" system. Also, that professional keeps up to date with all the new laws and cases that we read about every day. Like any other professional, attorneys are not "cheap" or "free" and usually, you get what you pay for. Also, it is impossible to quote a price over the phone, as simple divorces (meaning short term marriage, no children, agreement on issues, no property and the like) can be very inexpensive, while others (children, property, disagreement on some but not all issues, etc.) can be certainly costlier than the "simple" ones. There is also the divorce where the parties cannot agree on anything including the color of the sky. Those cases, can be very costly, both financially and psychologically. Sadly, there are many cases that fall into this category. A brief telephone conference with the attorney can help establish where your case falls. You should also be aware that in general, this firm does not work with payment schedules, barring exceptional circumstances, as the attorney does most of the work to get the case started "up front". We do, however, accept most major credit cards which enables the client to make time payments to the credit card company, rather than having to pay all at once.
WE SINCERELY LOOK FORWARD TO SERVING YOU AND HELPING WITH YOUR LEGAL NEEDS DURING THIS TROUBLING TIME.
The questions selected are some which generally arise during the initial client/attorney interview in a family related legal matter. The information provided herein is not to be interpreted or assumed as legal advise and is simply offered as very general guidelines with the State of Florida. Individual circumstances must be factored into all answers.
