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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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Hi! My mom wants to.get a divorce from my father. But he claims

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Hi! My mom wants to.get a divorce from my father. But he claims that ge can take half of her inheritance money (which is rightfully hers) if they divorce. Is that true? We're in Florida.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - This depends on whether or not she has kept her inheritance money separate and apart from other marital assets. If she inherited money and kept it in a separate bank account in her name only then it is hers to keep. If she used it to buy a house and added her husband to the deed or she used it to buy other marital property or expenses then it would be considered as "commingled" and become marital property. In that situation her husband would be entitled to half. So that is how the inheritance money is treated by the courts. If she has not yet received her inheritance make certain that when she does she keeps it in a separate account in her name.
Customer: replied 1 year ago.

My mom has some other questions:


 


Is there a way for my mom to serve a restraining order on my father, even though he is living in Las Vegas and we aren't certain of what his current address is?


 


It's possible that he's living out of his car unfortunately. Could a restraining order be served on him by locating the car?



Thanks,

Rosie
Expert:  Dave Kennett replied 1 year ago.
The Florida court wold have no jurisdiction over him in Nevada and without an address I see no way to get him served. She would have to get a court order in Nevada and get a court appointed process server to try to locate him and all of that would cost a lot of money. if he is in Nevada I can't see how he could pose a threat to her in Florida.
Customer: replied 1 year ago.

Thanks - the problem is that she's afraid that he'll come back to Clearwater, unannounced, and threaten her life (for instance while walking down the street, he may just turn the corner in his car, get out and do something harmful, etc). She wants to have some kind of protection in place should that happen - he has a history of this kind of behavior, and now that she's finally decided to separate from him and move in the direction of a divorce, she wants to be protected.


 


Please let me know if there's anything that can be done to help her with the above.

Expert:  Dave Kennett replied 1 year ago.
She can certainly apply for a restraining order but until he is someplace in the jurisdiction of the court or has some permanent address I doubt he will be served. It doesn't hurt to file for the restraining order so that if he does return he can be served immediately.
Customer: replied 1 year ago.

Thanks I'll just relay this to her and let you know if there's anything else on this topic that needs answering!

Expert:  Dave Kennett replied 1 year ago.
No problem and thanks for using our service - Dave
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
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