Legal Question in Family Law in Florida

My estranged husband wants a divorce. If and when I receive the divorce parpers, how can I contest it? What is the length of time I have before I have to respond to it? What are my rights? We have no children together. I owned a home before we married and we lived in it together for 16 years. He has been out of the home for about 8 years living with his girlfriend. Do I have any stake in his retirement benefits,social security and 401K? He has a SUV, truck, car, recreation vehicle and a boat? Can I sue for aleination of affection? I personally handle all of his personal matters (banking account, health benefits, pay his mortgage from his checking account, including going with him to get his income tax filed. He can't handle business and asks me to do everything with him.

Thanks for any assistance you can give me.

Eva Jones Walker


Asked on 10/25/11, 8:48 pm

1 Answer from Attorneys
Alan Smith Tallahassee Legal Counsel

You have 20 days to respond to a petition, not counting the day on which you receive the petition. You may contest it by filing an answer or counter petition.

You each will have a share of all items determined to be marital property, which generally does include retirement benefits.

Suing for alienation of affection would be a separate civil claim. Under the facts given it isn't clear who you would sue, since you have no children. If you are thinking of suing his girlfriend, I doubt that would be successful.

I practice divorce law in Tallahassee. If I can be of more assistance, please feel free to contact me using the information below.

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Answered on 10/26/11, 7:05 am


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