Legal Question in Family Law in Florida
Trial Divorces
It has been a year and I'm still not
divorced.Would I be better off going
to trial and let a judge decide? I have a 15 yr old son.He has worked
for County and is vested with about
650,00 in the FRS system.I know I'm entitled to half of that.He has
never complied with the last part of
the discovery.I watch kids in my home and only made about 10,000.
dollars.I have tried to settle this he
keeps wanting this and that.We have been separated for 1+yrs now. Can I just say sell it all and
split what is left?He whited out some things on his first discovery
and it had lots of sketchy things in
it.I turned over everything that was
required.This has ben going on for to long,I'm not asking for more than I deserve after 26+yrs of marriage.I need to know if I should
get a more agressive attorney.I helped with him getting a degree and everything.If I say sell and split
it down the middle like FL divorce
law requires,will we stiil have to have a trial.I don't think he wants to go to trial because he said if I do
not to ever speak to him again.I
think he thinks I'll have a better
chance with the judge.I just need
some kind of insight as to where to
go from here.I'm sorry this is so long.
2 Answers from Attorneys
Re: Trial Divorces
This is a complex situation. I would suggest you e-mail me your phone number to schedule a telephonic consultation to discuss the matter in greater detail.
Re: Trial Divorces
I assume that you have been to mediation? Is he currently providing you with any type of support? The difficult aspect to this is that you would be entitled to a presumption of permanent alimony based on the length of marriage, but I can't tell based on the information you provide whether he has the ability to pay you alimony.
Splitting the assets is the easy part (provided you know where everything is). Your attorney should be requesting permanent alimony, which may be where the hiccup is.
It will be more expensive for you to hire another lawyer, so make 100% certain that you want to fire your current attorney first. It never hurts to get a second opinion from another lawyer either - without firing the first attorney.
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