Legal Question in Family Law in Florida

florida divorce

ex husband did not comply w/med agreement. div final, he has marital home and 100% of all assets. and won't budge. see judge oct 08, 07 is there an emergency something i can file?


Asked on 8/01/07, 7:36 am

3 Answers from Attorneys

Re: florida divorce

You see the judge in less than a week. Unless you think that he is going to liquidate some assets and leave the country within that time, you can address the problem then. If not, you can file an emergency motion and be heard without notice but you would have to have strong evidence that there IS an emergency. Depending on whether the hearing is for this problem or not, you will have to motion on this particular issue and notice your ex on the motion(s). If the hearing IS about this issue, you don't have to do another motion.

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Answered on 8/01/07, 7:50 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Florida divorce

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you can somehow prove that he will divest himself of marital assets that are crucial to your argument or that some other important items will be lost, you can ask the court for an emergency hearing. The court will often ask for you to forward the motion and then determine whether or not it is actually an emergency or if it can wait for the scheduled hearing date. If it is a true emergency, it will be expedited on the court's calendar.

Scott R. Jay, Esq.

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Answered on 8/04/07, 7:55 pm
Elliot Goldstein Law Offices of Elliot Jay Goldstein, P.A.

Re: florida divorce

Assuming the mediation agreement was ratified by the Court, file a Motion for Enforcement/Show Cause. Let him go before the judge to explain why his is �special� and therefore Court Orders do not apply to him.

If the Court finds that he substantially violated the mediation agreement, then it will likely order him to reimburse, or otherwise pay for your reasonable attorney fees and costs.

The above information is provided without any consideration having been provided, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Largo, with a satellite location in Tampa.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

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Answered on 8/01/07, 10:15 am


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