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Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16379
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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Filed for divorce, my wife was served, and contested the divorce.

Customer Question

Filed for divorce, my wife was served, and contested the divorce. I am requesting full custody of our child, and our home. ( she has attempted againts her life previously).
Now her attorney constested, they want the house, and all types of alimonies. We have been married 3 years only. My attorney said that this is normal. Both lawyers want
to negotiate. I am willing to allow my wife to have fifty percent custody of our child,
but, I do want to keep my house, and want her to waive her rights over half of my assets. Can I request this? Does this make sense?
Submitted: 5 years ago.
Category: Family Law
Expert:  Legalease replied 5 years ago.

MBM Esq :

Hello there

MBM Esq :

What state are you located in??

Legalease and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.


Miami, Florida

Customer: replied 5 years ago.
Miami, Florida
Expert:  Legalease replied 5 years ago.

Hello again


Everything that you have mentioned above you can request from the court and what you are requesting is not unreasonable. FLorida is an "equitable distribution" state which basically means that the divorce court will fairly split any assets acquired during the marriage - -so that means that anything the two of you acquired together will be split 50/50 and the judge will take all precautions to be fair to the both of you (equitable means "fair"). In a marriage this short, she is typically not entitled to alimony or other spousal support because the courts are very considerate of the fact that each spouse can and should earn their own living and the only breaks given in consideration of alimony & spousal support is if the spouse requesting support is disabled and has a serious need for such support. Regarding the house -- if the two of you cannot come to an agreement regarding who will live in the house after the divorce then the court will order that the house be sold and the proceeds of any equity (money remaining after the mortgage is paid off) will be split between the two of you. Finally, child support is paid by the noncustodial parent to the custodial parent and if the court awards or wants to award 50/50 "joint" custody -- well, true joint custody would mean that your child would spend 50% of the time at each residence so that rarely works out well. You should push for full physical custody with the noncustodial parent having a 50/50 say in any decisionmaking about schooling, medical care issues and religious issues -- this is just an easier arrangement for all parties including the child. Regarding support money -- that is a strict statutory calculation made based upon the gross amount of the pay of the non custodial parent -- and an amount will be decided upon by the court if the two of you cannot make an agreement regarding child support also.


I hope that gives you enough information regarding how a FL divorce should go -- you should state right up front that you want her to sign off your assets before the marriage and after the separation date.






Hello there.


There are all types of harassment and bullying and just general all-around bad behavior that can happen in the workplace that eventually takes its toll on the person being targeted for this behavior. Unfortunately, not ALL of these bullying scenarios and the persons who participate in them are actionable in the eyes of the law. You see, in the US, because all employees are generally "at will" employees -- meaning that the employee can be terminated for any reason or for NO reason -- at the will or the"whim" of the employer ( and this applies to public and private employees), an employer (or a supervisor on behalf of the employer) can treat any employee really badly -- to a point where (A) that employee is driven out of the workplace because of the stress suffered at the hands of the employer and supervisors and/or (B) the employee quits for the same reason (the employee simply cannot take it anymore) or (C) the employer terminates the employee -- and there are no legal actions for wrongful discharge or workplace harassment or hostile work environment that the average employee can take to file a lawsuit.


When workplace harassment or "hostile work environment" ARE actionable is when the employee can show that an employer is discriminating against that employee for age (over 40), race, gender, disability, religion or sexual orientation. SO, unless the employee can show discrimination against him by the supervisor and/or co-workers for any of these enumerated reasons (age, gender, disability, race, religion, sexual orientation) and show that one or more of these reasons is the reason he is being treated badly, the employee has no legal claim for wrongful harassment, hostile work environment or ultimately wrongful termination (if he is fired) or constructive termination (if he is forced to quit or goes out sick from the stress of it all)). If the employee CAN show that one of these underlying discriminatory reasons is the basis for the bad treatment and harassment, etc. then the employee should first file a complaint with the Equal Employment Opportunity Commission (EEOC) -- the complaint must be filed within 180 days of the last action taken by the employer regarding this employee and their employment / employment status (for example, 180 days after discharge) -- the EEOC will investigate and if the EEOC finds in favor of the employee, then the EEOC will issue a "right to sue" letter -- which the employee takes to a lawyer and initiates a lawsuit for discrimination and wrongful termination (the right to sue letter is powerful evidence against the employer and many employers will simply try to settle the case out once a "right to sue" letter has been issued by EEOC).


Aside from the above referenced acts and actions, the right for an employee to bring legal action for workplace harassment and bullying is limited to specific discriminatory basis -- but if an employee is a member of a union while all of these things are happening the union has an obligation to investigate and bring a grievance on behalf of the employee being harassed and bullied and the employer and supervisors will be subject to whatever sanctions are negotiated into the collective bargaining agreement to protect other employees who may not have a legal basis for a discrimination case.


I wish I had better news for you on this particular employment law topic but it is what it is and I would not be doing my job appropriately if I simply told you nothing but the "good" news about such potential claims and actions.




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