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Filing a petition answers (528)

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Q: 

filing a motion to dimiss a divorce petition

A: Chris, OK more very important information. As stated, if outside USA the divorce must be handled in Country were married: IN this case, it appears UK.  Especially since there is a residency order in effect in UK: Make sure this legal document accompanies your reply to FL motion if site I referenced is not helpful than you need to start calling lawyers in Palm Beach County, FL area ASAP.   Make sure lawyer is informed that: - Marriage was in UK - Residency order still exists in UK - Where married in UK...meanwhile find a UK lawyer also to cover yourself, OK. Many firms may work the case based on your "free interview" time Don"t give up keep searching for lawyer in both FL area and UK area, OK> best I can do as far as advice since marriage NOT in USA. Good...


Q: 

petition to Modify Alimony

A: If you want to do anything with regard to the Motion for Contempt file a Motion in response to that motion requesting that your petition and the opposing Motion be consolidated and heard in one hearing for judicial economy and the fact that both requests for relief are based upon the same set of facts.  ...


Q: 

File an Amended petition? Is there a form?

A: Hi Kelly, since the opposing party has filed a responsive pleading to your petition (i.e. their Motion to Dismiss) you must file a request with the court for leave to amend your petition (i.e. Motion for Leave to Amend) and within that Motion explain why the Amendment is sought and attach a copy of the proposed Amended petition. After filing the Motion for Leave to Amend contact the opposing party and inquire if they will agree to allow you to amend your petition and if not call the Court"s Judicial Assistance and schedule a hearing on your Motion.   I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware...


Q: 

petition to Modify Alimony

A: If you want to do anything with regard to the Motion for Contempt file a Motion in response to that motion requesting that your petition and the opposing Motion be consolidated and heard in one hearing for judicial economy and the fact that both requests for relief are based upon the same set of facts.  ...


Q: 

Withdraw petition For Divorce

A: Andrew, you are always free to withdraw your petition for dissolution, however, if your Wife has filed an answer and counter-petition for dissolution the case will proceed on her counter-petition. In addition, even if she did not file a counter-petition but she has hired an attorney to defend her against your petition, the court could hold you responsible for her attorney"s fees due to the withdrawal of your action. Furthermore, there is nothing to prevent your Wife from filing for dissolution after you have withdrawn your petition, assuming she has not counter-filed for dissolution already. I hope this information...


Q: 

timesharing / motion to dismiss petition

A: As I am not licensed to practice law in Fla. I can"t give you legal advice about procedures, etc. Generally, you would have the choice of dismissing your case in Pinellas County and refiling in Sarasota or filing a motion to transfer venue. If you file a motion to transfer venue you probably won"t have to pay attorney"s fees. I don"t know if there is a form to transfer venue or not. If the mother asks for child support you will have to file the related financial affidavits and worksheet. If not, you won"t. Good luck....


Q: 

Florida: Can I file an amended proposed parenting plan?

A: Hi Kelly, if the proposed schedule was filed as an exhibit or as part of your Original petition for Modification and the father has filed a response to your petition then you must obtain written permission of the father (or his counsel if he is represented) or of the court to file an Amended petition. You would do this with the court by filing a Motion for Leave to File Amended petition and you would be required to attach the Amended petition to the Motion for Leave and then schedule a hearing on your Motion for Leave to Amend. On the other hand if you simply provided the father with a copy of the proposed modified schedule as an exhibit in...


Q: 

petition for Paternity

A: Every state and local jurisdiction uses different legal terms to describe legal documents, so I"m no sure what a petition for Paternity means in your state. My best guess is that it is motion filed with the court asking for legal paternity to be established. Being listed on the birth certificate is not legal proof of paternity. However, if you signed an affidavit which was witnessed, stating you are the father when the child was born you have legally established paternity. You can do this at the hospital, and at the local government child support agency, this is a voluntary acknowledgment of paternity. It is always a good idea to sign up with the Putative Father"s Registry, which is for your protection, because then you would be notified before the child was...


Q: 

How to file response to summons for reduction of alimony

A: Hi Lauri, when filing a response copy the style of the case (the language that appears at the top of the petition identifying the court the parties and the case number), Title your document as Response to Former Husband"s Request for Reduction in Alimony. Then either admit or deny each paragraph of the petition submitted by your ex-husband. When you have done this sign the bottom of the document include your address and phone number, include a certificate of service indicating that you have sent a copy of your response to your former husband or his attorney and indicate the date you sent it. File the original with the clerk of court, you can do that by mail and if you include another copy and a SASE, the clerk will...


Q: 

Child Abandonment filed in Florida

A: Hi Kristina, if there is no child support order in effect then the fact that your son has not paid child support cannot be utilized to prove abandonment. You son should file a petition to Establish Paternity and Related Relief and within that petition he should request the establishment of a parenting plan and time sharing schedule. I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and...


 
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