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I need assistance with a divorce and has some questions.

Customer Question
I need assistance with...

I need assistance with a divorce and has some questions.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I have not

Submitted: 9 months ago.Category: Family Law
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Answered in 1 minute by:
11/28/2017
Family Lawyer: DrakeLAW, Lawyer replied 9 months ago
DrakeLAW
DrakeLAW, Lawyer
Category: Family Law
Satisfied Customers: 1,038
Experience: Attorney at Drake Law Firm PLC
Verified

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

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Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

How can I help?

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Customer reply replied 9 months ago
My daughter got married at 18 to a Marine. Prior to the marriage she became pregnant, but the child was not his. He was aware, but still wanted to move forward with the marriage. Needless to say, two months after moving to CA she moved home while still pregnant and they separated (not legally). She gave birth in September of 2016 and now lives in Florida with me. Due to him being in the service, he had to send her money two times monthly. This was what he told us back in Nov of 2016, otherwise he would get in trouble. He didn't start sending her anything until he was deployed and receiving extra for separation pay. This was about 6 months after he originally told us he had to send her money. She is still married to her Marine husband, but he did finally file for divorce on 10/30/2017. In the papers he requested paternity, stating he had to name the child in the proceedings.My daughter does not want to move forward with a paternity test as the timing of conception is no where near when he was in FL. Can she contest that?She also wants to request the support she was suppose to receiving from Nov of 2016 until when he finally started sending it. Is that possible?She just told me she was served on 11/09/2017 and only has 20 days to respond, which means she has to respond by tomorrow. Is there anyway to file an ext?We are kind of at a loss and don't know what her options are.Thank you!
Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

Alright, we will have to take this a piece at a time. Lets start with the most urgent. Yes, she can get more time to respond if needed.

Where was the divorce filed? Is he currently deployed?

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Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

Also, what are her concerns with a paternity test if she knows it will prove he is not the father?

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Customer reply replied 9 months ago
It was filed in Florida. He is not currently deployed, her returned back to the states.I am honestly not sure what her concerns are. The father is involved and I think she just doesn't want to involve the child. She just wants it to be about them dissolving the marriage.
Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

Is he living in Fla?

Is the Father listed on the birth certificate?

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Customer reply replied 9 months ago
He resides in CA. He is not listed on the birth certificate, the other gentleman is.
Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

Interesting that he resides in CA but filed it in Fla. People usually want to do that in their home state. So that's good, that's half the battle. Also, about the birth certificate, yes, that should be able to prevent the paternity request.

So now lets move to responding. Do you plan to use a lawyer or do it yourselves?

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Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

I need to step away for about an hour, thanks for your patience, I will respond upon my return.

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Customer reply replied 9 months ago
That’s good to hear.She doesn’t have the financial means to hire one. She just started working last month. I would do it for her, but with the holidays approaching I’m in the same boat.
Customer reply replied 9 months ago
Thank you
Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

Alright, well doing the response is not difficult and I can guide you with that. Please tell me the court the Petition was filed in.

Have you inquired about any local resources to assist her or even legal aid or something like that? It usually doesn't exist for family law because it is civil but sometimes there are resources available.

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Customer reply replied 9 months ago
It was filed in Duval County Florida. Is that what you were needing?We did reach out to Legal Aid, but they said exactly what you said it's civil and also they do not help fill out papers.
Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

Ok. I found the site, let me look and see what I can find for you.

Lastly, is he using a lawyer or did he do it himself?

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Customer reply replied 9 months ago
Okay, thank you!
He is not using a lawyer. He and his mother did his filing. She works at the courthouse.
Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

Here are self-help centers that could be helpful for you down the road, but I will still find you the first documents:

http://www.flcourts.org/resources-and-services/court-improvement/family-law-self-help-information/self-help-centers-near-you.stml

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Customer reply replied 9 months ago
Thank you!
Family Lawyer: DrakeLAW, Lawyer replied 9 months ago
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Customer reply replied 9 months ago
Okay, I will read through the forms.
Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

I am still trying to point you to the Answer.

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Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

I finally found it. Here is another important link, it is the page with all the forms:

http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml

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Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

So now the tricky part.

I don't see why he would have to send her money for the child if the child is not his. Is the father paying child support?

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Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

Can you either attach the petition or tell me which form he used. There, all forms have numbers identifying them. That will help determining which form to answer with.

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Customer reply replied 9 months ago
She isn’t looking for money for the child. Due to him being in the service she is listed as a dependent. He receives increased pay for being married to her and supporting her. When he is deployed there is a separation pay on top of that with a substantial increase. Since they were not living together he was advised by his higher command that he had to send her money each month. It was nothing to do with the child.
Customer reply replied 9 months ago
Let me see if I can pull it up online.
Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

Ok, then that simplifies everything. The child should have nothing to do with him then and there are no child support issues.

The only remaining issue regarding the child then is the paternity piece. Lets address that when the form he used is identified.

Almost there...

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Customer reply replied 9 months ago
I wasn’t able to pull it up online. I have the case #*****
I’ll have to wait for my daughter to respond with the info. There are several forms included, complaint/petition for dissolution of marriage with defendant or minor children, motion for scientific paternity, financial affidavit, and others as well. Do you need those form #’s too?
Family Lawyer: DrakeLAW, Lawyer replied 9 months ago

Let me see what I can find.

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