Legal Question in Family Law in Florida

I have been married for 27 years and I am now divorcing from my wife, because she is having extramarital affairs. In our first verbal agreement, she accepted that I would have custody of our minor child, and she would have visitation rights. Now she is asking for 50/50 time shared of the minor child because she thinks I would ask for child support since she is requesting for alimony. She never took the responsibility of motherhood towards her children especially of our minor child of 13 years. Our minor child does not want to live with her 50 percent of the time she only wants to visit her. When its her time to see her, she picks her up 6:30pm from our home on school days. She doesn't live in our primary residence and instead lives in a one bedroom apartment in another city. My question is if Guardian Ad Litem will work in this case, and if "affidavit of Preference Form" applicable in our case. We live in Central Florida. My second question is, if there is a statueestablished, stating that she can not receive alimony since she has had extramarital affairs and she has voluntarily changed jobs with lower pay to request alimony because she was a manager for more than 12 years.


Asked on 10/04/10, 6:01 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Your child is old enough to testify at the hearing. YOu need to request the correct forms for this. Flcourts.org has them listed and you can print out. A GAL is always a good thing for representing the minor child's interest. As to the alimony, the judge may or may not grant. One she would have to have contributed to the marriage - if she used funds to further her extramartal affairs, hotel, dinners, outings with the other party etc. these can be used to offset the amount she may or may not get. I suggest you get an attorney - you need to show she voluntarily changed jobs and you need to show what she is capable of earning. In this down economy you may have some problems with that.

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Answered on 10/11/10, 7:58 am


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