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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38183
Experience:  Attorney with 16 years experience
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My husband has filed a petition for dissolution of marriage

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My husband has filed a petition for dissolution of marriage based on the premise that the marriage is irretrievably broken when in fact he abandoned me and my daughter to live with another woman. He got the woman pregnant and now has a child. Can I countersue him for adultery and abandonment? Would I be eligible for alimony in this case?
Hello,
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Unfortunately, FL only has two grounds that someone can file for divorce under:
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(a) The marriage is irretrievably broken.
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(b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of S. 744.331 for a preceding period of at least 3 years. (Florida Statutes - Chapters: 61.052)
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So adultery and abandonment aren't considered grounds for divorce under FL law.
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As for alimony, this is decided on a case by case basis and the court can award temporary or permanent alimony in either monthly payments or a lump sum.
The factors the court looks at are:
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(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, the nonmarital and the marital assets and liabilities distributed to each.
(e) 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) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties.
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So without reviewing all the relevant facts in your particular marriage, it wouldn't be possible to determine if you would be eligible for alimony. But if your husband earns the majority of the money, it is likely that there would be some alimony awarded.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

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I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time.

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I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister and 2 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

In the financial affadavit he is stating that as a waiter he only earns $760 per month although his expenses are $1408 per month. We have a 13 year old daughter that lives with us and he is only willing to send her $200 per month. I know for a fact that as a waiter he earns over $3000 per month. Would his statements represent perjury and is there any consequences for lying to the court?

Would his statements represent perjury and is there any consequences for lying to the court?
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No, it woudn't be perjury. Perjury only occurs when someone is under oath in court and they lie on the witness stand. But if you can get proof of his income, then you could show the court that he falsified his submissions to the court and that can result in you getting a much larger amount for both child support and alimony. You could request his employment records and tax returns by subpoena during the divorce proceedings.
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Have to log off now, will check back in the morning.
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Thanks.

Barrister

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▼ RATING REQUIRED! Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.