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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 12376
Experience:  Experienced in multiple areas of the law.
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My husband walked out over 2yrs ago with no warning in 4 days

Customer Question

My husband walked out over 2yrs ago with no warning in 4 days he was gone. Although we see each other and are amicable, I have been disabled for more than half our marriage and have not received or even been offered any financial support. (He actually owes me money) We have no children or property to divide, and as of May 18th been married for 8 years. When I researched the Florida Statutes I came upon something that stated abandoning a disabled spouse and not helping them financially to live in a similar way as when married (something to that effect) was called Criminal abandonment. They even gave an example of a person with Cancer. However I cannot locate this information again and I was served 3 days ago. I've always planned on contesting but I need to know if what I read is correct and if so how do I go about presenting this in my reply. Also the date of our marriage is incorrect on the divorce papers. Are they still consider valid or does he have to go correct them officially? Thank you in advance. Jacqueline
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.Florida is a pure no fault divorce state --meaning that there are only two grounds upon which divorce may be granted and neither one of them has to do with marital misconduct such as abandonment. However, you could raise abandonment as an issue in terms of seeking spousal support or a larger share of marital property, for example.I believe this is the site you were looking at regarding criminal abandonment:http://divorcesupport.about.com/od/isdivorcethesolution/qt/What-Is-Marital-Abandonment.htmHowever, that site does not address Florida law. Abandonment statutes in Florida address the failure of a parent to provide for a child. You can see that statute here:http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0039/Sections/0039.01.htmlThe incorrect date of the marriage would generally be considered a minor written error, which the court will likely ignore (my ex-wife actually made the same error and it had absolutely no impact on the proceedings). You can deny the date in your answer to the lawsuit, but it's unlikely that they would have to go back and amend the suit. If you need additional clarification or information, use the REPLY feature, and I'll be happy to assist you further. Thank you.
Customer: replied 1 year ago.
Thank you for answering my question however that is in wording, but that is not where I saw it. I specifically researched Florida divorce laws. It was also on a more legal looking documents for lack of a better term, but it had the numbers the Roman numerals all that. So it was some kind of legal thing now was it accurate I don't know because we all know the web is not monitored. However what are the chances of someone receiving spousal support in this situation? It was also on a more legal looking document for lack of a better term, but it had the numbers the roman numerals all that. So it was some kind of legal thing now was it accurate I don't know because we all the internet is not monitored. However what are the chances of someone receiving support for that particular situation. I ended up losing the house that I purchased prior to our marriage, I need to go to my elderly parents when I run out of money at the end of the month, and although the courts don't recognize this we are both Christians active in our church and our vows were to death do us part. Not until he decided he didn't want to stay anymore. As far as I'm concerned he should be responsible to at least help me financially since it was his idea to end the marriage and just walk out without giving me a dime in 3 years. Although we had no children together I did raise his son from 11 to 17 after the state took him away from his mother. Neither of us want to make this ugly but I can't let him just walk away from the responsibilities that I believe he still owes. Unfortunately or fortunately depending on how you look at it neither of us can afford lawyers so it won't be unfair to either side. I also left out this is his third marriage, my first.
Expert:  RobertJDFL replied 1 year ago.
The only grounds for divorce in Florida unfortunately are irreconcilable differences or where one spouse has been living with a person who has been adjudicated by a court to be mentally incompetent. As far as spousal support (alimony) goes, Florida statutes actually list the factors the court must consider in deciding whether to award it. These include: (a) The standard of living established during the marriage.(b) The duration of the marriage.(c) The age and the physical and emotional condition of each party.(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.(g) The responsibilities each party will have with regard to any minor children they have in common.(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.(j) Any other factor necessary to do equity and justice between the parties.While your marriage isn't of a long enough duration to likely receive permanent alimony, it does sound like there is a basis here for the court to award you alimony at least short term, such as your disability (which I am presuming limits your ability to work and earn money), the fact that he is better able to support himself while you are not living in the same manner that you were used to during the marriage, and the fact that you helped raise his child. You can also file a petition with the court to award you temporary alimony while the divorce is ongoing, which can be awarded if the court finds there is need for it.
Customer: replied 1 year ago.
One more question promise. If my disability isn't temporary, and it isn't, unless I remarried why should my alimony be?
Customer: replied 1 year ago.
Okay I lied one more thing. My husband has refused any sort of counseling or trying to reconcile, could that affect a judge or mediators decision in granting the divorce right away? Or will he have to show some kind of effort to prove that the marriage is not reconcilable. Thank you again
Expert:  RobertJDFL replied 1 year ago.
It's because they look at the length of marriage. As a general rule, a court would not award permanent alimony for a short term marriage, but rather only for long term marriage - say 20, 25 years --and even that is coming under attack by the legislature in Florida, which has been trying to introduce a new law that all but eliminates it.
Expert:  RobertJDFL replied 1 year ago.
Oh, and while a court COULD order that couples go to mediation, it's not required except for couples with minor children. I would not expect the court to require you to go to any counseling or mediation.
Expert:  RobertJDFL replied 1 year ago.
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