Legal Question in Family Law in Florida
My husband has left me and our children stating that he wants a divorce. I have stayed in the home with our children and he is trying to get me yo refinance the home so we can roll all debt into the mortgage payment if possible. I do not want to divorce and I do not want to lose my home and have to uproot my children but i am not sure I can take on this debt on my salary. He is insisting that we avoid courts and lawyers and I am trying very hard to work with him because I want to keep him in contact with our children and also if in any way possible I still hope to save our marriage. Is there someway I can protect myself without harming him?
3 Answers from Attorneys
Whether or not you want the divorce, if he pursues it, you won't be able to stop it. You need to make sure your kids are taken care of, and that you are not scr-wed over. Whether this gets "ugly" depends solely on him. You can play the role of a doormat, and that will surely make him happy. Do not make any agreements with him, or attempt to refi without at least consulting with an experienced family law attorney.
In addition to child support, depending upon your comparative financial situations, and length of the marriage, he might also have to pay you alimony.
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, while you will still have to pay the retainer, do not assume that you will not be able to afford to retain an attorney. Reimbursement can be sought.
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.
Call me to discuss the specifics of your case. I will give you a realistic idea as to the likely cost (fees and expenses). Then if you want, we can schedule a no-obligation office consultation.
Evening, and weekend appointments are available at the Tarpon Springs office.
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Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
110 Athens St., Ste. D
Tarpon Springs, FL 34689
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
In my opinion, you should contact a lawyer to make sure you are protected if there is a divorce. Nobody wants to get lawyers involved but sometimes it is necessary to make sure everyone is protected.
In most cases, a court will not uproot the children from the home they have been living in. Additionally, Florida divorce law encourages both parents to stay in contact with the children and help raise them. Therefore, hiring an attorney to give legal advice should not hurt him or increase the chances of having to uproot the children.
You express unrealistic expectations. My experience has been that where one spouse demands to keep the court or attorneys out of the case it is because they expect to take an unfair advantage over the other spouse. You need to speak with an attorney well versed in family law ASAP.