Legal Question in Family Law in Florida
Division of property and finances
My wife and I want to get divorced and we both make approximately the same salaries but she makes more with her significant end of the year bonus each year.
We are joint owners of our house, joint owners on one car and the other car is under my name alone. Due to the economy there will no doubt be a significant loss in the sale of our home (comps in the area are well below what we owe) and neither of us makes enough to buy the other out for the house or car. What would happen in a divorce, how would the house and joint-owned car be handled in addition to our checking and savings accts, and household goods? She has a place to live rent free, but I can't afford the home and bills on my salary alone.
She makes more money than me, can I try and get alimony? We have no children.
I am very distraught over this impending divorce. I don't know if it matters but I might be the petitioner.
Thank you very much for taking the time to answser my question.
2 Answers from Attorneys
Re: Division of property and finances
How long have you been married? You need to show a need for the money.if need assistance e-mail your phome number.
Re: Division of property and finances
You've asked a lot of very good questions, but I can only asnwer one: it doesn't matter who the petitioner is, except in very small ways, such as that the petitioner gets to go first at the divorce trial.
Otherwise, you'll just have to sit down with a lawyer and go over you situation. For the most part, everything acquired after marriage gets split, and we have many ways of dealing with "upside-down" houses, but every divorce is different, and you'll have to explain all of it to learn what will likely happen and whether you have a shot at alimony. Your situation (that you could afford the bills together but can't afford them separately) is quite common.
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