Legal Question in Family Law in Florida

Can you help explain my rights to me?

I am married to a law officer who's verbally abusive and puts me down all the time, in the past been physically abusive. I have had an affair 5 years ago because of the abuse I was going to leave, we then worked things out. We have a child together and now he wants a divorce and seems to be interested in another deputy, they have been going out. I have been an at home mom for 7 years with the occassional part time job, he wants to take my child away from me and keep everything. What are my legal rights? My child was a baby at the time of my affair but was with me, because of that affair will that take my child away? Will I walk away with nothing?


Asked on 2/02/07, 7:23 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: Can you help explain my rights to me?

Absolutely not. Whether you will get alimony and how much, I can't say for sure without having all the details of your situation. But, you are entitled to half of all marital property, at a minimum.

Your affair (or his) should have nothing to do with anything unless marital assets were used to get things for the other person. Also, each one of you can make a case for primary custody. If you get it, you will get child support from him. If he gets it, you will get visitation. Either way, he cannot just take your child away from you. If you have been at home with your child most of the time and everything else is equal (both fit parents), I don't see why you shouldn't win primary residential care of the child (courts look at the best interests of the children). Please do what you can to get representation. Contested divorces and custody fights are complex matters.

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Answered on 2/02/07, 9:19 pm


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