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lwpat
lwpat, Lawyer
Category: Family Law
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Experience:  Practicing family law attorney
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Divorce Rights

Customer Question

My husband and I married in 2005 in Tennessee (live in Florida). Upon returning, I later found out that he was still married in Florida. We have been separated for three years now due to his lies, deceit, verbal and physical abuse and adulterous lifestyle. I will be filing my divorce shortly because I have been putting back monies for the filing fees in court. What are my rights, can I file some type of civil lawsuit against him for his previous marriage cover up? Would I be able to request ailmony ($300 month for at least 8 yrs)? Can I also request that he not leave Florida during this time because what he will do is quit his job, leave the city so that he will not have to pay me a dime? What can I do to hold him responsible for his lies and cover up? Thank you for any assistance and advice before I file my divorce papers.
Submitted: 1 year ago.
Category: Family Law
Expert:  lwpat replied 1 year ago.
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.

I am very sorry for your situation. Unfortunately JA is not a law firm and we can only answer one question at a time of a general nature. As to your divorce, you would not file for a divorce but for an annulment due to the fact that there was an "impediment" to the marriage, i.e. he was already legally married. There are self help sites so you may want to visit one of them for more assistance. Here is the link to the locations.

http://www.flcourts.org/gen_public/family/self_help/map.shtml


There are low cost document preparation services also that may be of assistance such as this one but this is not a recommendation.

http://www.apexlegalsolutions.info/annulment.html
Expert:  guard999 replied 1 year ago.

Hello and thank you for contacting me. You can file in FL. In a divorce the court will divide up assets and award spousal support where needed. Looks like you have a good case for alimony. As to the court keeping him here, that is called a writ of ne exat (pronounced like "knee ex at") which is limited in scope, it typically involves someone who is about to abscond from the area or out of the country. It is possible but the court can't keep him in FL forever. Also, it is disappointing the way you were treated by your ex with lies, deceit, etc. however the confessing all of his sins to the court really does not help you or the court. Division of assets and calculating alimony is basically numbers crunching.

Expert:  lwpat replied 1 year ago.
You are what is called a putative spouse. As such you do have certain rights but the previous expert is wrong in that you are not seeking a divorce but an annulment.

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