Frequently Asked Questions For Divorce Lawyer Miami Florida

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Do I have to tell my ex boyfriend I’m moving out of state with my daughter if he’s not on the birth certificate?: My ex boyfriend keeps threatening to take my daughter and take us to court for custody battle but he is not on the birth certificate and he has 3 diagnosed mental illnesses. I want to move out of state to be closer to family but don’t want to push him into trying to get a case started.

Bolivar’s answer: Should your boyfriend be the minor child's birth father, you should attempt to procure his written agreement prior to relocating more than fifty (50) miles from where you currently live.

Parenting Plan?: Is it the law in the state of Florida for parents who were never married but share a child to have a Parenting Plan with the court? Is it okay if parents were to agree and come up with a plan/understanding amongst themselves or must it be done and signed off by a judge?

Bolivar’s answer: You should have the Court confirm and ratify the parenting plan the parties agreed upon.

Should I file a motion to dismiss or an answer asking for dismissal based on lack of jurisdiction and inconvenient forum?: American Express is suing me for a debt that I am unable to pay. The case has been filed in Superior Court of California San Juaquin County. I live in San Bernardino County. They filed 4/28/2021. I was just served 9/22/2021 (not sure if I was served legally within the allowed time frame or by proper person). I need to know if I should just file an answer asking for dismissal based on lack of jurisdiction and inconvenient forum under "affirmative defenses" and or "Defendant prays" or do I need to file a motion to dismiss based on lack of jurisdiction and improper venue first or in addition to my answer to the complaint? The court they filed in is 355 miles away from me and a 5.5 hour drive. Thank you.

Bolivar’s answer: You should hire an attorney as there seems to be multiple issues in your question which should be addressed in an appropriate filing by a licensed attorney. The concern is that you could waive an issue by representing yourself. Hope this helps.

How long does it take to get a divorce in Miami Florida?

The length of time it takes to get a divorce in Miami Florida can vary depending on factors such as the complexity of the case and whether or not there are disputes that need to be resolved. In general, an uncontested divorce can take as little as a few months, while a contested divorce can take a year or more.

What is the difference between joint custody and sole custody?

Joint custody in a divorce in Miami Florida means that both parents share legal and physical custody of the child. Sole custody means that one parent has legal and physical custody of the child, and the other parent may have visitation rights. The court will determine custody based on the best interests of the child, taking into account factors such as the child's relationship with each parent and each parent's ability to care for the child.

What is a prenuptial agreement?

A prenuptial agreement is a legal document that outlines how assets and debts will be divided in the event of a divorce or separation. It can also address issues such as spousal support and inheritance rights. Prenuptial agreements are becoming more common in Miami Florida, especially among couples who have significant assets or businesses.

Frequently Asked Questions For Divorce Lawyer Miami Florida

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