Legal Question in Family Law in Florida
divorce with step child
I found out 6/2000 that my husband has been havinga afair, I have tried to work things out but it is not working. We have a home that is financed in his name, I am unable to leave due to my health condition. I would like to know if I can stay in the family home, and let him continue to maintain all the debt? I am disabled and am going for my 2nd surgery this year on my back. Can I place the home up for sale ,and then split with him the profits, and since I am not able to work, can he be made to pay me some money for me to maintain the life stye I am accustome to?
3 Answers from Attorneys
Re: divorce with step child
The determining factor in answering your question would be your husband's abiltiy to meet the financial requiremets to support you. Contact a domestic relations lawyer immediately.
Re: divorce with step child
Assuming that your husband has the financial ability to support two homes, the general answer is yes to your question. You have rights to receive alimony to rehabilitate and support. The specific nature of your rights and legal options can be answered by a family law attorney whom you should contact promptly if you have decided to end the marriage.
Re: divorce with step child
There are numerous factors to consider. To address all of them would be beyond the scope of an internet inquiry. However, I will address some, but only in a general manner.
Factor 1. Your entitlement to alimony will depend on whether this was a short or long term marriage, coupled with your earning ability, if any.
Factor 2. Was the home purchased during the marriage? If so, then it will likely be considered marital property. Depending on the specific circumstances, the court may order that it be sold.
Factor 3. What is the situation with the child?
You should also be advised that under Florida statutes the obligation for paying attorney fees falls on the spouse who is best able to pay. In other words, if your husband is significantly financially better off, then he might be held legally liable for your attorney's fees, or at least a portion thereof.
Many local bar associations have programs where participating attorneys offer services at a greatly reduced rate for clients that are on very limited incomes.
You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting the Florida Bar Association or your local county bar association.��� Most attorneys either provide a free initial consultation, or charge a nominal fee for the initial consultation.
Good Luck.-Elliot Goldstein (offices in Tampa and St. Petersburg)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.