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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116780
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am 8o years old am a victim of domestic vilonence my

Customer Question

I am 8o years old am a victim of domestic vilonence my husband is in Virgina I retained a lawyer in may of last year pd him 1500.00 and he has out me off and I have not been able to pay my mortage since jan of 1915 and he said not to worry I was not going to lose my house. There has been NO Contact with my husband by him, I have gotton nothing in money from him we were married 27 house goes up for Mar 1. and now he tells me there;s nothing he can do because he is in Virginia my husband gets 3500.00 plus 15oo.00 both from s.s. and pension. my house goes up for auction mar l please please help me Frances ***** ***-***-**** *** **** **** ******* north Lauderdale, fla please excuse the mistakes as I can't type
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry, but what type of help would you like from us? By law we cannot represent you in any legal matter.
Have you filed for divorce, which you would likely need to do in VA, and as part of that action you could ask for spousal support?
Customer: replied 1 year ago.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Your FL lawyer can file for divorce in FL, but it is going to be impossible to make him pay or even answer the divorce in FL if he is in VA. So, it is most cost efficient for you and easier to enforce for you if you hire an attorney in VA and file suit for divorce and spousal support in VA where your husband is located, since the court in VA has personal jurisdiction over him and can force him to comply with the court orders it issues and can forcibly take money from him to make him pay you.
So, at this point, if your FL lawyer is doing nothing, it is more likely because he cannot get any jurisdiction over your husband in the FL court and he is embarrassed to tell you that.
The FIRST thing you have to do, get an attorney in VA to get this suit started in the VA court so you can get them to file a motion to get you temporary spousal support started.
Second, you need to demand the FL attorney return your money for not doing anything on your case and if he refuses tell him you will be filing a complaint to the FL bar since he failed to do what you hired him to do and also you would sue him for the return of your fees. Many credible attorneys will at least agree to return a portion of your fees.
Also, if he is on Social Security and you have been married at least 10 years, you are entitled to collect social security based on his payments if you are not doing so already (and if his payments are higher than your payments) and to do that you need to call the Social Security Administration and they will get that started, you do not need him to do anything.
These are the options you have in this type of situation, but you need to get this into court in VA because that is the only way you will get support.

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