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Divorce with colorado common law marriage

by David
(Sarasota)

I am looking for help in determining if I can file for a divorce in Florida. I lived with a woman in colorado for over 2 years, we filed married joint tax returns both state and federal, we had insurances as married, car, home and some medical. We had a joint business account and owned a business together. We were going to have a formal ceremony when we to Arizona but we moved to Florida instead because her brother was sick. We have since separated.

I am 62 she is 59. She has a house in Colorado that I spent many tens of thousands of dollars on and two years worth of work. that is the only item that might be a problem. Everything else is separated.

It appears from the attorneys I talked to in Colorado that we would be considered married there but how about Florida and if not then I have to file in Colorado which will require a lot more work and expense.

How does Florida decide if we are or not without a long drawn out case?

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Addendum to No common law marriage in Florida
by: Judith Byrd

According to the 2015 Florida Statutes :
741.211 Common-law marriages void.—No common-law marriage entered into after January 1, 1968, shall be valid

common law marriage
by: Judith Byrd

Florida does not recognize common law relationships as marriage. Had you been married, filing for divorce in Florida requires that the filer be a resident of the State for at least 6 months prior to filing. This has to be verified.

Common law marriage in Florida
by: FALDP Staff

Dear David,

In general, Florida does not recognize common law marriage. However, if a couple is already in a common law marriage and moves to Florida from another state, then Florida will recognize them as married.

You may want to seek legal advice to make sure. We found some reference to common law marriage and Florida on several attorney sites. Here is what attorney, Michael Fender's site states:

http://www.attorneyfender.com


"Common Law Marriage in Orlando, Florida


What is common law marriage, and does that work in Florida?

In some states, if you live together for a certain amount of time, and hold yourself out as married, you can be legally considered married, without a marriage license or ceremony. Currently, only ten (10) states recognize this theory: Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Pennsylvania and Texas, and Washington D.C. Florida is not on this list. However, if you are previously considered married in one of these common law states, and later move to Florida, Florida will recognize the previous common law marriage".


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Divorce - Husband incarcerated.

by Melanie
(Panama City)

My husband is currently in prison and he has already filed the divorce papers but has not sent in his indigent form or the documents stating how much money he has received on his books. The court house told me they can't go any further until they receive this information from him. Can I obtain this information myself and turn it in for him or do they have to receive it from him.

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DIVORCE -HUSBAND INCARCERATED
by: Connie Allis

Good morning Melanie,

Why not see if your husband will do a voluntary dismissal, which you get the form from flcourts.org, then you refile using the state approved fl forms on www.flcourts.org. Therefore, you would have more control of the process.

1. download the form, fill it out to to the best of your ability
2. send it to your one day to be ex along with a self addressed envelope.
3. have him sign it and send it to the courts.
4. once the case is closed, fill out the forms and file yourself.

now if your ex doesn't want to do this,
go to flcourts.com and download the financial affidavit, and the application of indigent status, and send them to him to sign along with a self addressed envelope and with the courts address.
If you need any help, please do not hesitate on giving me a call.
Connie Allis
407-488-0197
www.clalgaldocuments.com

Husband Incarcerated
by: Staff, FALDP

Hi Melanie,

Those forms need to come from your husband, because they both must be signed by him. It sounds like the forms that he needs are: the Application for Determination of Indigent Status; and the Florida Financial Affidavit - Short form. Both of these and other family law forms can be downloaded for free from the Florida Supreme Court's site - www.flcourts.org.

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Divorce of a spouse with Mental Health

What is Florida law concerninig divorcing a spouse who has extreme mental health and substance abuse issues?

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Divorcing a mentally ill spouse
by: Lorna

Hi,
Florida is a no fault divorce state, and as such you don't need a reason other than - the bonds of marriage are irretrievably broken - to divorce someone. Divorcing someone with mental health problems, or with substance abuse issues is essentially the same process as any other divorce. You may be thinking of annulment, which dissolves the marriage and states that the marriage was never valid. Here is a link to a Baker County annulment form:

http://208.75.175.18/clerk/forms/annulment.pdf

If you need help with document preparation, please contact us at your convenience - 800-515-0496.

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Separating in Florida


(Cocoa Beach)

I need to split with the mother of my child. She is out of control on drugs and intense partying and drinking. She is unfit to be a mother. I would like to terminate her parental rights and take custody of my daughter, but I don't know how to start the process. What should I do?

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Unwed parents separating
by: Lorna

Dear Cocoa,

I'm not an attorney, so please do not consider this as legal advice. Continue to do your own research, and consult with an attorney if you are not satisfied with the information you find on your own. It sounds to me like you need to file a Petition to Determine Paternity and Related Relief. This petition and process is like a divorce for parents who were never married but have a child together. That form and other family law forms for pro se litigants can be downloaded for free from the Florida Supreme Court's site - www.flcourts.org.

Good Luck!



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So sad its over ...

Me and my old lady are going to get a divorce.  We need to set up a schedule on who gets to have the kids and for how long and about the contact and all that.  Can you help me find the parenting plan form so that I can fill that out and file it? What other forms do I need with it?  I live in Charlotte county Florida so I need forms I can file there. I appreciate the help.

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Sorry to hear it didn't work out
by: FALDP Staff

Dear So Sad,
We're sorry to hear it didn't work out. However, you and your wife are doing the right thing by trying to be adult about the break up.

The form that you are referring to are the Parenting Plans, Florida Supreme Court approved form, 12.995 Forms A - C. You probably need either A or C; 12.995(b) is the Supervised Visitation/ Safety Focused Parenting Plan, and is usually only needed if there is domestic violence in the relationship or if there are substance abuse issues. Form 12.995(a) is appropriate when both parents continue to reside in the same town. And Form 12.995(C) is used when the parents reside more than 50 miles apart.

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Filing Divorce paperwork

If we file an agreement to Waive Mandatory Disclosure, do we still have to file the Financial Affidavit?

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Mandatory Disclosure
by: FALDP Staff

As far as we can determine the only time you can waive the filing or exchange of a Financial Affidavit is if you are using the Simplified Dissolution process.

12.901(a), PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE

( ) Each of us is satisfied with the financial disclosure we received from the other spouse and we waive the filing of financial affidavits.

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Hillsborough County Divorce Filing Pro Se, but husband is Canadian

by Sandy
(Tampa, Fl, USA)

I am capable of filing for Divorce Pre Se in Hillsborough County, and my husband is willing to cooperate 100%. However, in reviewing the documents that are available on the Hillsborough County Court website, I'm not sure what I need to do. My husband is a Canadian Citizen, and has no US Social Security number. Can I still file Pro Se? If so, how do I proceed?

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Canadian Spouse
by: Gary Tinsley

Your spouse does not have to be a US citizen nor even reside in the United States to be able to obtain a divorce. If your husband is willing to sign the necessary documents, then he is submitting himself to the jurisdiction of the court there in Hillsborough County. On the document that asks for his social security number you would indicate that he does not have a US social security number as he is not a citizen of the United States. If I can be of assistance, please call me at 386-383-4595.

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I want a divorce but don't know where he is

by Tikiyah
(Jacksonville fl)

How can i get a divorce without knowing where he is? And no one will help me with no money.

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We Can Help
by: Staff FALDP

Hi Tikiyah,

There are two parts to your question. The first one, the lack of funds to pay someone to help you may be a simple fix. There is a form to fill out, called an "Application for Determination of Civil Indigent Status" which, if you are eligible, will allow the clerks of court to waive your filing fee. So instead of paying the $408 filing fee for a divorce, you only will be required to pay a $25. administrative fee. The form is available on this site, at the clerk of court's office, and online at the Florida Supreme Court's site -- www.flcourts.org.

The second part of your question is how to proceed since you don't know where your husband is. Before filing your divorce documents you must carry out a process called a Diligent Search and Inquiry. You need to make an attempt to find him so that you can have him served. If you cannot find him then the clerks of court can guide you in how to publish your intent to divorce. The form called an "Affidavit of Diligent Search and Inquiry" is available on the Florida Supreme Court's site as are the other family law forms you will need.

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Dissolution

A FL paralegal for Collier County was working on my ex's and my simple dissolution of marriage paperwork. I live out of state and my ex found this paralegal for us. Unknown to me they apparently knew each other and when a 'personal conflict' arose, according to her email, she dropped our case. My ex had already filled out his paperwork and gotten it notarized. I was about to send my reply to the petition, signed and notarized. Now we don't know what to do. The paralegal refuses to give my ex his paperwork. Can we file ourselves? Do we need a new paralegal or attorney to handle things if I am unable to appear in court? Can we file the copies of my ex's paperwork or must it be the originals?

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Dissolution paperwork
by: Staff FALDP

Hi,
First of all, for the record, a paralegal by definition is someone who works for an attorney. So the individual who was assisting with your paperwork must be a Florida legal document preparer. (The terminology is semantics, but important to us for compliance purposes.) You don't say whether the document preparer is a member of our association.

Regardless of whether that document preparer was a member or not, we are here to help. If you have questions about procedure, we can give you information about that. If your husband notarized and filed his documents, it sounds like he received completed documents. Those documents are originals. You can go forward pro se with or without the help of another document preparer. If you feel that you need legal advice, then you need to contact an attorney. Please contact us at your convenience. We will be happy to answer your questions if we can. 800-515-0496.

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Division of Property -- Retirement Annuities

by Larry
(Doral, FL)

What forms are required to prepare Division of Property with regards to retirement annuities? My former wife filed for divorce in 2008 and was granted a divorce in 2009. However, she never agreed to nor did her attorney propose what percentage of my two retirements she would be entitled to. I had an expert attorney in this field prepare the percentage of my military retirement while 2009, but my former wife never responded to this document. I have since made several additional offers based in advice I received from two other attorneys, and still have received no response from my former wife. I would like to get this resolved before I retire in 2013 so I can have some idea of what my net retirement pay will be after my former wife receives her portion of my retirement.

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Division of Property - Retirement Annuities
by: Anonymous

Does your Final Judgment of Dissolution of Marriage address the "equitable distribution" of this asset in any way? If not, did the Final Judgment include a paragraph whereby the Court "reserved jurisdiction' to deal with this issue later? Florida Statutes, Chapter 61, addresses dissolution of marriage, including the equitable distribution of all marital assets and liabilities. See Section 62.075, which states in part that the Court "...in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal ..."

See also, F.S., Section 61.076 Distribution of retirement plans upon dissolution of marriage.—(1) All vested and non-vested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.
(2) If the parties were married for at least 10 years, during which at least one of the parties who was a member of the federal uniformed services performed at least 10 years of creditable service, and if the division of marital property includes a division of uniformed services retired or retainer pay, the final judgment shall include the following:
(a) Sufficient information to identify the member of the uniformed services;
(b) Certification that the Service members Civil Relief Act was observed if the decree was issued while the member was on active duty and was not represented in court;
(c) A specification of the amount of retired or retainer pay to be distributed pursuant to the order, expressed in dollars or as a percentage of the disposable retired or retainer pay.
(3) An order which provides for distribution of retired or retainer pay from the federal uniformed services shall not provide for payment from this source more frequently than monthly and shall not require the payor to vary normal pay and disbursement cycles for retired or retainer pay in order to comply with the order." Some retirement plans require a Qualified Domestic Relations Order (based on the type of plan), and usually, the person who is to receive the funds, once divided, has the obligation to see that the transfer, which may include a QDRO, gets accomplished.

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Divorce

by Diana
(Florida)

How can I obtain and am I entitled to alimony?
My husband deserted me and left our home. He is in a two year relationship with someone and it's time we ended the marriage. How can I make this happen as I don't have the funds that lawyers are asking for upfront. He makes a substantial salary how can I make this happen?

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Divorce
by: Sheila - Fundamental Legal Services, LLC.

You would need to file a Petition for Dissolution of Marriage. In your Petition you would ask for alimony in order for it to be considered. There are different types of alimony such as temporary, bridge-the-gap, lump sum, rehabilitative, durational and permanent. Florida Statutes 61.08 discusses alimony and is a good resource.

If I can be of further assistance please feel free to contact me.

Sheila Crawford
Fundamental Legal Services, LLC
888-225-4092
561-935-8374
www.fundamentallegal.com

You can do this!
by: Christine Marinkovich

A legal document preparer can help you get through the entire process. We are not lawyers and cannot give you legal advice, but we can help you with all the documents and get you legal information. My fees are flat fees and affordable.

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Pro se motion for change of venue for dissolution of marriage? Thanks for your help!

by Shannon

Is there a form for pro se motion for change of venue for dissolution of marriage? If so, how can I obtain it? Thanks for your help!

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Pro Se Motion Form
by: FALDP Staff

Shannon,
You are looking for a Motion Form. We have all purpose fill in the blank pro se motion forms on this site. Go to the link on the left hand navigation column titled: Clerks of Court and civil Forms, and click on the internal link titled Free Forms. To request a change of venue, you need to be able to give a reason for the request. The most common is "inconvenient forum". Look up Florida Statute 47 for further information.

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PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF

by VERONICA VASQUEZ
(JACKSONVILLE FLORIDA DUVAL)

I NEED TO ANSWER THE COMPLAINT AND TO BE ABLE TO KEEP MY BABY SO THAT THE FATHER COULD SEE HIM BUT THAT I HAVE FULL CUSTODY OF MY BABY

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Documents for paternity.
by: Christine Marinkovich

Just because you are answering a paternity request does not mean that you will lose your rights to having your child. You can represent yourself and save a lot of money as well.

I can help you with this process including all the legal documents that you will need. Feel free to contact me at (954)734-9560 or you can email me at christinem@dwdignity.com

Christine Marinkovich
Divorce with Dignity - Broward

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Simplified Divorce

by Lirpa
(West Palm Beach, Florida)

I filed notice of trial at Palm Beach County as a petitioner. After that I received a letter from the court asking some more documents like Notice of Trial forms from the respondent. What should I do if ever my ex won't send any papers that the court need to proceed. i am freaking out. I am afraid they will close the case.

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Dissolution of Marriage

by Josie
(Port St. Lucie, Fl)

In a regular dissolution of marriage What happens if the Respondent does not appear?

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dissolution of marriage
by: Connie Allis

Hi Josie,

There are different answers to different scenarios. Was the Respondent served? Did he answer the summons? Did you agree on everything?

You may have to have mediation first and if he does not show up, you can ask the clerk to file for default, especially if he did not respond to the summons. If he responded and everything was agreed upon, you may have a case management hearing if the case has been going on for awhile. If he does not show up, case management will recommend you go to rm 330(orange county) where you started the case and they will check and make sure all forms have been submitted and send the case to the judicial assistant to set a final hearing.

Always check out flcourts.org and call your case manager. She cannot give legal advice, but she can check your case out and see if everything is in order.

I am not an attorney and cannot give legal advice, but I may be able to help you with procedure.
Connie Allis
407-488-0197

Respondent not appearing at divorce hearing
by: Staff FALDP

Josie,
Assuming that the Respondent was properly served and answered your Petition for Dissolution, the judge may be able to rule without him present. If his answer agreed with all terms, then the judge will likely simply grant the divorce as requested. If there are questions that the judge needs more information about, such as his financial information for child support (if there are children); or appropriate distribution of marital assets - the judge may grant the divorce but reserve judgment on those matters. Please do your research - www.flcourts.org . If you have questions regarding procedure we may be able to help, please call 800-515-0496.

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Divorce final hearing in palm beach county florida

by Anna
(Boca Raton, FL Palm Beach County)

Hello, me and my soon to be ex husband filed for simplified dissolution of marriage this past week. He is the petitioner and I am the respondent. He will have to appear to final hearing. I am afraid he won't appear for the hearing in hopes to save the marriage. This scared me a lot. The reason he is the petitioner is because I will be on army active duty basic training starting Jaunary 4th. I will be out of state. I cant appear for final hearing. What can I do to ensure the divorce will be granted? ( if he doesn't show up, refuses to divorce) Thank you, awaiting your reply.

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divorce final hearing in palm beach county fl
by: Connie Allis

Anna,



Would you be able to do a telephonic hearing?



You could try and file a motion for telephonic hearing.



I do not know where you will be stationed and I do not know if it is allowed where you are going.



Uncontested or simplified?
by: Staff FALDP

Hi Anna,
In a Simplified Dissolution both parties must appear for the court hearing. In an uncontested divorce only the petitioner must appear. I wanted to clarify the definitions first. According to your question, it must be an uncontested dissolution that you and your husband filed. If he is the petitioner and neither of you appear, the court may dismiss the petition for dissolution. If the court dismisses, you can re-file as the petitioner. Only one of the parties needs to be a Florida resident to file for a Florida divorce.

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Simplified Divorce Questions

by Suzanne L
(Fernandina Beach, FL)

I am trying to file form 12.901(a), Simplified Divorce. My soon to be ex-husband lives in the Tampa area and I am in Nassau County. The form states we BOTH must go to the court and SIGN the form as well as appear. I understand that final appearance is mandatory, but can he take the form to a notary public in his area and send it back to me to file at the Nassau County Court? The forms state "Notary Public or Deputy Clerk" however, the instructions state as mentioned above. I prefer he only has to make one trip to Nassau County. Thank you!

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Simplified Divorce
by: Suzanne

The two page document does NOT have to signed in front of a clerk. However it must be notarized. If every document/petition filed with the courts had to be signed in front of a clerk our legal system wouldn't function. If you look at the form it states "Court clerk or Notary". However, appearance at the divorce hearing IS mandatory.

Simplified Divorce
by: Suzanne

I spoke with the court and was informed neither party is required to sign at the courthouse, however the signatures MUST be notarized.
The only REQUIRED appearance is at the hearing itself!

Thanks for your help!!

Owner, South Florida Legal Doc Prep Services, LLC
by: Deana Snyder

Hello Suzanne,

Thank you for your post on our website. You speak of filing a simple divorce under Form 12.901(a)which is for a simple dissolution of marriage with no dependent or children or property; however, if you cannot both be present to sign the Petition, then I would suggest you file Form 12.901(b)(3) for no dependent or minor children or property which can be filed electronically.

Please let me know if you have any further questions? Thank you.

Deana

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Petition for simplified dissolution of marriage form 12.901 a

by Kelly
(Martin County, Fl.)

I'm now living in Martin County,Florida where I obtained the Petition for Simplified Dissolution of Marriage form 12.901(a). Where it says in the Circuit Court of the Nineteenth Judicial Court and for Martin County,Florida. I was married in Broward County. Can I use this form and take it to Broward County after I finish filling it out? Do I need to obtain a Broward Edition for simplified dissolution of marriage form 12.901(a)?

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Simplified Dissolution
by: Staff

Kelly,
That form is a statewide form which can be used in any Florida County except Miami-Dade. Keep in mind that the simplified dissolution process requires both parties to appear at the court hearing.

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Ex lying on legal documents

by Willie
(Tampa fl)

Hello my ex has lied on her indigent status form. Shes in contempt of court for lying about paying her child support payment to me when I have of received not one in over eight months since she had it modified. Plus she has moved and not informed me of her new address. My ex has stated all of this information on a new motion to dispute child support levy. She claims due to the levy her account were frozen.

What forms or how do I go about to filing documents to the courts order her to provide her bank accounts statements, and whose name the apartment she moved from were in? She never has any documents severed to me. I always go and pay for the documents she files on me.

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Contempt
by: Sheila

Willie-

I am assuming you have a Final Judgment either from a Dissolution of Marriage and she has filed a Supplemental Petition for Modification to lower her support payments. If this is correct, you have 20 days to file an Answer to her Supplemental Petition for Modification where you will admit or deny each of the allegations in her Petition (there is a supreme court form for this). She has to prove a substantial change of circumstances to lower her support payments.

As for her not paying any child support to you, I refer you to Florida Statute 61.14 which talks about contempt. There is a form titled Motion for Civil Contempt/Enforcement. This form allows you to tell the court why you believe she is in contempt of the Final Judgment (i.e.- not paying child support, anything in the Final Judgment she has not complied with).

Since she is asking for her child support to be lowered, she and you both have 45 days from the date you were served to file a form titled, "Certificate of Compliance with Mandatory Disclosure." This form requires both of you to fill out an updated financial affidavit and provide financial documents to each other. For more information, please refer to Florida Family Law Rule 12.285.

I would suggest contacting a family law attorney in your area for legal advice which will be beneficial to you if you decide to represent yourself.

Sheila Smith
Fundamental Document Services, LLC
www.fundamentaldocs.com
fundamentaldocs@gmail.com

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Divorce date

by Michael
(Cocoa Florida )

How do I know when to appear in court for my divorce. Does the court send me a hearing date in the mail?

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Form A
by: Debra F

In some Florida counties, once you have filed your initial documents, any subsequent documents filed with the court need a document entitled Form A attached with them. This is a document that let's your case manager know that additional document(s) have been filed in your matter. Without this form, your document(s) will just simply be filed and your case will not move forward. So when you receive a letter from your case manager stating you need additional document(s), always attach a Form A naming each document that your case manager has requested.

I am not an attorney and cannot give legal advice or representation.

Another angle
by: Judith Byrd

Here in Highlands County we have a very helpful Pro Se department person. She makes her telephone number and her email address available for those filing that way. Perhaps in the Court where you have filed your papers, they will have such a person. You should be able to phone your Clerk and ask this. By law, when your spouse has filed the completed papers he/she filled out, they are supposed to get a copy to you so you know everything has been filed in a timely manner - there are 20 days allowed for this to be done. You can go to the clerk and ask to see if the papers have been filed. If not, you can prepare a Motion for Default and Default and you win! If they have been filed, you can inquire while you are there if there is an official person you can talk with to see about "lighting a fire" under them to get your Court Date scheduled. I hope this will work in your Circuit like it does here in ours.

Court date
by: Anonymous

You should receive a letter or email telling you the court date and location.

FALDP Staff Comment:
Anonymous' plan could work, but it may be that your case will languish in legal limbo if you leave it to the court staff to schedule your hearing. It depends on the county and circuit. Actually, once all documents have been filed, either party may request a hearing. Please look through the forms on www.flcourts.org . You'll find a Notice of Hearing form there.

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No response to petition to establish a parenting plan

by Maddy
(Florida)

My ex (we were never married) lives in Texas and I live in Florida with our two children. He visits maybe once or twice a year and he threatens me all the time about taking them away from me and taking them to South Africa where I will never see them again, as he has citizenship there. So I decided to file a petition to establish a parenting plan giving him visitation within the state of Florida. I filled the paperwork with the help of non-lawyers who do that sort of thing and he was severed with the paper work and he did not respond within the given time, so they filed a different default form. What will happen now?

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Motion/ Order for Default
by: FALDP Staff

Maddy,
You should be able to go forward with your petition. The Motion/ Order for Default says to the Court that the other party was properly served, but failed to answer. See Supreme Court approved forms: SUPREME COURT APPROVED FAMILY LAW FORMS 12.922(a), MOTION FOR DEFAULT,
AND 12.922(b), DEFAULT. Instructions for that form state:

If the other party has failed to file or serve any documents within 20 days after the date of service of your petition, you may ask the clerk of the circuit court to enter a default against him or her by filling out this form and filing it with the court. Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case.

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If there is no court order and divorce has not been filed yet can I see my kids?

by Jason
(Ocala, FL, Marion)

My (soon to be ex) wife and I are filing for divorce. We've had papers in hand for over nearly 18 months and finally decided it's time to file. I recently moved into my own house and she is telling me I can have only standard Marion County Florida visitation.

I was thinking since there is no court order in place and the divorce hasn't even been filed yet...that I have equal rights to my kids...which in my mind is 50/50 time sharing until a court order is in place.

I have 48 hours before I would have my kids even if it was only for standard visitation so I need help fast. If I can only have them for standard visitation I will of course abide by the law but I just don't see how that would be the case.

Thank you.

Comments for If there is no court order and divorce has not been filed yet can I see my kids?

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Standard Visitation or 50/50 prior to court order?
by: FALDP Staff

Hi Jason,
I am not an attorney and please do not consider this as legal advice. As far as I know, if there is no court order, parties are still married, both parents have equal rights to see their children. No doubt this can be awkward if you disagree. Also, in general, Florida courts favor shared parental responsibility. Whether the ultimate parenting plan is 50/50, every other weekend, or something in between depends on what is in the best interests of the children. The standard parenting plans published by counties are not meant to be the only possible time-sharing (visitation) arrangement.

Please feel free to contact us at 800-515-0496.

The FALDP Team

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Ex Husband Filed Motion For Contempt And Enforcement. His Lawyers had What He Lied about

by Serena
(Palm Harbor, FL)

What do I do to stop a motion for contempt that never should have been filed as his lawyers had an executed quit claim on file for 5 years.

My ex was required to refinance the marital home back in 2010 within 60 days of the final decree. He never did thus causing severe harm to my future that I could not rebuild credit wise, own a car, I have no transportation, as the full amount of said house took up my score.

5 Plus years later, last week, he filed a Motion For Contempt against me. I provided said deed over 5 years ago.
He implicated himself in the motion, proving lies under oath. He did get to continue with refinancing as of today 09/23/15.

Do I have any rights when it comes to this false allegation and also for the damage that this has caused me. I have not been able to rebuild my life and am in poor health.
Can Divorce decrees be re visited due to severe change of circumstances?
Any info would be greatly appreciated.
Thank you

Comments for Ex Husband Filed Motion For Contempt And Enforcement. His Lawyers had What He Lied about

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Answer to Motion for Contempt
by: Judi Law

Serena,
I'm not an attorney, and this is not legal advice. The way to revisit a divorce decree is through a Motion for Contempt/ Enforcement as your ex husband did. It doesn't seem likely that you could now hold him responsible for damages for his failure to refinance after all these years. And, unfortunately, and especially, because you didn't file a Motion for Contempt / Enforcement against him for failing to refinance within 60 days. The Court may take the attitude that you "sat" on your rights, waiting five years to hold him responsible. My suggestion is that you consult with an attorney to see if there is anything you can do.

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my husband will not turn over all of his financials documents

by suzanne
(oviedo, fl)

How do I file a motion to comply in seminole county

Comments for my husband will not turn over all of his financials documents

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Procedure
by: Anonymous

In some counties, after filing initial documents with the court, you must attach a document call Form A. This is a document to let your case manager know that more document(s) have been filed in your matter. Without Form A. Your new documents filed with the court sit in your case without your case manager's knowledge and your case does not move forward.

procedure
by: Anonymous

If this is a current active open case matter, you would need to file a Motion to Compel with the Clerk of Court. Keep in mind that every motion requires that you serve not just the Clerk but also to your husband and every motion requires a hearing in order to obtain an order signed by the judge or general magistrate to obtain future enforcement or sanctions levied against him for non compliance.

Check with your Clerk for local rules and local self help procedural forms required.

Good luck.

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