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Cowgirl Lawyer
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Category: Family Law
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Experience:  Attorney for 22 years. Family law, child custody and support, domestic violence.
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I am a Florida resident and my husband is a Wisconsin resident.

Resolved Question:

I am a Florida resident and my husband is a Wisconsin resident. We are presently have marital problems and have been separated for
5 months. Wisconsin is a no-fault state. Can
you give me any information on Florida?
Submitted: 5 years ago.
Category: Family Law
Expert:  Cowgirl Lawyer replied 5 years ago.
HelloCustomer

Florida is also a no-fault divorce state (actually, it uses the term dissolution of marriage, but I will stick with the familiar plain English here). A divorce may be filed in Florida if one of the parties has lived in the state for at least 6 months.

Where the parties cannot agree on how to distribute marital property, and a judge must decide, Florida is an equitable distribution state. Equitable essentially means fair. That means that property is not necessarily divided 50-50 between the parties.

Marital property is all property acquired during the marriage, no matter how titled, except for some things such as inheritances and gifts.

Where the marriage is of long duration, alimony can potentially be awarded. If it is, that can affect the distribution of property. The court may consider fault (such as adultery) when making the award.

To get a true feeling for which state would best suit your needs, it would be a very good idea for you to have an in-office consultation with a family law attorney in your area. That way you can review your financial situation, marital property and debts, and get a better feeling for how you might fare in Florida, given your particular situation.

I will be happy to clarify my answer if you need me to do so, or give you further explanation if you need me to do so.

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Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. This public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights. You should consult with an attorney in your area for specific advice relevant to your situation.





Customer: replied 5 years ago.
What type of proof would be needed to prove adultery? All I have is the fact that I
listened to a message on his cell phone from his latest girlfriend, a list of women that I
found in his briefcase and the fact that he admitted it to me.
Expert:  Cowgirl Lawyer replied 5 years ago.
HelloCustomer

And admission of adultery is good evidence, as is hearing a message from a girlfriend. Basically, anything is proven by testimony, possibly backed up with documentation, recordings, etc.

Whether any particular judge gives much weight to adultery is purely within the discretion of that judge. Adultery is not one of the listed factors to be considered in determining alimony. Rather, it is one of the other factors that can be considered in the interests of justice. Some courts have considered it.

In order to know whether the court in your area is likely to consider it, an in-office consultation with a local family attorney would be an excellent next step.

I will be happy to clarify my answer if you need me to do so, or give you further explanation if you need me to do so.

If not, please click ACCEPT to pay Just Answer and me for helping you. Your positive feedback wins me points and costs you but a moment of time. A "bonus" awards me for an especially good job.

Next time you visit Just Answer, please ask for me by name by starting your question with "For Gloria M."

Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. This public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights. You should consult with an attorney in your area for specific advice relevant to your situation.





Cowgirl Lawyer, Lawyer
Category: Family Law
Satisfied Customers: 1422
Experience: Attorney for 22 years. Family law, child custody and support, domestic violence.
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Cowgirl Lawyer
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Attorney for 22 years. Family law, child custody and support, domestic violence.