Legal Question in Family Law in Florida
I and my wife have been having issues for years, and she notified me in September of 2016, that she wanted out of this marriage. W e have had the conversation before, but always seemed to have worked it out, but the marriage has been degrading after every episode. My wife lost her job in 2009, we were married in 2008. She always wanted to go into real estate and she did so. I supported the decision because we agreed that at the time, it would be great for the kids being picked up from school because she'd have flexibility. We also agreed that this would be given a 5 year plan, and if she wasn't earning what she lost in pay, she'd return to the normal workforce. Needless to say, that plan failed, and she didn't or refuses to return to the job market, because of her pride.
I, on the other hand have been the main financial support for the family. Now she does make money in real estate, but not what she was earning, and when she does I don't know it all the time, and when she tells me about it, she always claims to have other expenses outside of the household, leaving me with the burden. She's even made the statement to me and a tax preparer that she doesn't want to earn a lot so that when we file it will be less off my income in whats owed. That's not what we agreed to, and the savings don't increase our standard of living. Now, on to my issue in relation to divorce, because quite honestly, I can't believe I've stayed around this long because of other disrespectful things she's done, like cheating on me back in 2010, and then trying to justify it by saying she and the guy never got their opportunity in the past, really?
We rent the house we've been in for 8 years, she has four children from previous marriages, I ave a daughter from my first marriage. Her youngest child is 16, and it seems that now that I've spent 8 years doing what their birth fathers wouldn't, she's decided it's k to give me the boot. We don't have many assets, and she can have everything except my truck and clothes. I am ready to give her what she wants by way of divorce, because I've finally had enough. My biggest fear is this, am I going to be liable for alimony? I haven't adopted her children and they have their fathers. Because my earnings are more than hers, am I going to hit with paying for someone so ungrateful, while trying to rebuild my life? I already pay $1100 monthly for my daughter in child support, and I do it proudly. My first marriage was 10 years and our living situation was similar, and I had step children in my first marriage as well. The result was my paying child support only for my biological daughter. Is that the case here too? I know Florida can be case by case and I'm wondering if because she has 4 children and my first wife only had 2, if that would matter. Finally, my step kids ages are 22 (he works), 20 (she works), 16 and 17. Sorry for the long question, thanks.
2 Answers from Attorneys
You do not have to pay for children that are not yours. Hire a lawyer to do the case.
I would say run............... get a Petition filed on the docket as that will toll the time for the divorce leaving you with 9 years of marriage which is considered moderate time line. There may or may not be alimony. That is your first step - get the petition filed and served on her.
Second step - call the brokers from her real estate companies and get a copy of the Settlement statements on each home that she closed. They normally keep a record of closings, you should have no problem . Those will tell you what her income has been and will determine whether you would have to pay her alimony and for what terms - moderate marriage is limited to a term of months for alimony.
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