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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2485
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I am a respondent in a fl contested divorce. I recently

Customer Question

I am a respondent in a fl contested divorce. I recently found out that my wife in 2014 joined a online dating site where she said she is divorced, can I file a motion asking the judge to dismiss her petition with prejudice because she claims to have gotten
the divorce? how do I make this work in my favor?
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Kincaid replied 2 years ago.
The fact that she posted online that she was divorced does not affect her ability to proceed with an actual divorce. What is it exactly that you want to accomplish? Do you want to remain married?
Customer: replied 2 years ago.
no I do not, I want to show the court how big of a liar she is, and will do anything to make herself look good
Expert:  S. Kincaid replied 2 years ago.
What are the contested issues in the divorce? Child custody? Support or alimony? Property division?
Customer: replied 2 years ago.
alimony. and support. her petition states with property. there is no property, I lost the house because she refused to sign paperwork
Expert:  S. Kincaid replied 2 years ago.
In an alimony dispute, the only factors the Court can consider are adultery and: (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. Lying on a dating site is not really relevant to alimony. The fact that she is on a dating site may be relevant to whether she committed adultery, but adultery will only be a consideration if it led to the divorce. If she only started dating after the separation, it would not be relevant.
Expert:  S. Kincaid replied 2 years ago.
Unfortunately, I have to go now and will not return to answer further questions for a few hours. I will check back when I return.
Customer: replied 2 years ago.
ok thanks, ***** ***** hoping that I could use it but guess that I have to accept disappointments. however I have another question in a little while. I like your answer. how do I rtequest for your services again. I am giving you a 5 star rating many thanks. ken
p.s. I am a member of the site`
Expert:  S. Kincaid replied 2 years ago.
Thank you! You can put my name, "Steven K" in the title of the question. There is another way where I get a message that I've been requested, but I'm not sure how that works from the customer's end.
Expert:  S. Kincaid replied 2 years ago.
Let me know if you have any more questions!

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