Q&A

Your Questions, Answered

Here we have provided for you our answers to some of the most common questions our clients ask us about Florida family and estate planning laws. Please feel free to click through and see if we’ve answered your questions before, but if you find that you have more, don’t hesitate to contact us online or call us at (305) 690-0598 for more help.

Because my ex-wife has allowed her boyfriend to move in with her, can I now reduce or stop paying alimony entirely?

Your former spouse being in a supportive relationship may be grounds for a modification of alimony. This can only happen if the court ordered the alimony in the first place or if you both reached a marital settlement agreement that left the alimony as modifiable. You should consult with an attorney on this issue to ensure that you qualify for a modification. Read More

What rights do I have being a pregnant wife and my husband files for divorce?

Because of the short duration of your marriage, you will not be entitled to spousal support. Once the baby you are pregnant with is born, you can seek child support from your husband. Unless you and him acquired property or assets during the marriage, it sounds like child support will be the only thing you are entitled to. Read More

What is the proper procedure to request (my ex) to file her answer, which includes financial affidavit and proposed parenting plan?

If the 20 days are up for her Answer, I would file a Motion for Judicial Default so that the matter will come up before the judge again. I would also file a Motion to Compel her mandatory disclosure which sounds like it may be overdue. This disclosure includes her financial affidavit. There is no requirement for her to file a proposed parenting plan but you may want to ask the court to send the two of you to Read More

Can I move out of Florida with my son back to (a different state)?

If you are an unwed mother and there is no order finding that the Father is the "legal father" and giving him time sharing, Florida law gives you sole guardianship of the child and sole parental responsibility. Therefore you have the authority to relocate with the child. Due to the sensitive nature of this situation, you should consult with a family attorney that can review all of the facts of your matter and give Read More

Does a restraining order supersede a current parental agreement that gives me joint custody?

Sensitive issues like this SHOULD be handled with an experienced family attorney. The DV judge may have legal authority to transfer jurisdiction of the case so only an attorney can assist you in determining whether you have the grounds to have the matter re-opened here in Miami and have it dealt with her. Read More

How can my husband and I get custody of a child he had with another woman?

If you want this child regardless of whether he is your husband's biological father, then a paternity petition must be filed asking to find that he is the legal father of this child. If he wants confirmation of being the father, he can request in the paternity petition for a DNA test. Once the paternity petition is filed he can obtain legal rights and/or responsibilities for this child, including time sharing. Read More

During my divorce can I move back into the house?

Yes, you can move back into the marital home. If there are difficulties with your spouse or the board, you should seek legal assistance. Read More

Can my wife get into trouble by sending her children over to their dad knowing that one of them gets abused?

She needs to open or re-open a case in family court in order to suspend all time sharing with the children due to the abuse. She may need to request a court appointed Guardian ad Litem that can speak to the children and represent their best interest in court. Read More

Can my spouse get his foreign divorce judgment recognized in Florida with fake ownership declaration at the foreign court?

You need to bring this to the Florida judge's attention in case there is an issue of jurisdiction it can be properly dealt with. The Florida judge may require that the case in the other country be dismissed. Otherwise, you may need an attorney in this other country to ensure that your rights are not violated there. Read More

My Husband and I own a home that We are selling by Land Contract. In Divorce is the house value the same as the sale price?

Normally, yes the actual value of the home is the value in your divorce. The fact that you are selling it, gives you a real market valuation instead of simply an appraisal. You're normally not entitled to more or less than the actual sale price. Read More