Legal Question in Family Law in Florida

My husband decided he didn't love me anymore and wants a divorce. The children live with me (14 and 19 full time student). The house is in him name on the mortgage. Does he have financial obligation to pay half of the mortgage even though he moved out? We live in Florida


Asked on 2/17/11, 5:55 pm

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

How long have you been married? What is your financial resources as compared to your husband's? These questions have to do with alimony.

Was the home purchased during while you were married? If so, then the home is marital property to which you probably have an equal right, whether it is in his name or not. Is there any equity in the home?

Is the 19 year old healthy, or is that child disabled?

Are there any retirement accounts?

Even if a party moves out, they still remain obligated for marital liabilities (mortgages, ect...)

In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, do not assume that you will not be able to afford to retain an attorney.

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.

The above information is provided without any consideration/payment having been received, 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 Dunedin, with a satellite location in Tampa.

Feel free to Google me.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 2/17/11, 6:37 pm


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