Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My husband walked out over 2yrs ago with no warning in 4 days

Customer Question
he was gone. Although we...
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: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 20 minutes by:
6/29/2015
Family Lawyer: RobertJDFL, Lawyer replied 2 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,053
Experience: Experienced in multiple areas of the law.
Verified
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.
Ask Your Own Family Law Question
Customer reply replied 2 years 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.
Family Lawyer: RobertJDFL, Lawyer replied 2 years 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.
Ask Your Own Family Law Question
Customer reply replied 2 years ago
One more question promise. If my disability isn't temporary, and it isn't, unless I remarried why should my alimony be?
Customer reply replied 2 years 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
Family Lawyer: RobertJDFL, Lawyer replied 2 years 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.
Ask Your Own Family Law Question
Family Lawyer: RobertJDFL, Lawyer replied 2 years 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.
Ask Your Own Family Law Question
Family Lawyer: RobertJDFL, Lawyer replied 2 years ago
I am signing off but will be back on later today. If you have any follow-up questions, please REPLY and I'll answer them when I am back online. Otherwise, kindly remember to give my answer a positive rating (either 3 or more stars or good/excellent) as that is the only way experts on this site are paid for their time. Thank you.
Ask Your Own Family Law Question
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,053
14,053 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

14,053 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a spousal support question, i have a judgment from
i have a judgment from back in 2011. i just found out that my ex is getting re-married so I was wondering if i just stop paying her or if i need to do something else … read more
socrateaser
socrateaser
1,031 satisfied customers
In california divorced 5 years, term marriage my alimony is
In california divorced 5 years, long term marriage my alimony is higher than child support … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I'm filing for a no fault divorce. There will be no division
I'm filing for a no fault divorce. There will be no division of property, she did not bring any property to the marriage. My question is about debts. The only debt as far as I know that she has is med… read more
DrakeLAW
DrakeLAW
Juris Doctorate
838 satisfied customers
My wife and I are getting a divorce. The mediator claims
My wife and I are getting a divorce. The mediator claims that it's best that our daughter (17 months old) stay with mom most of the time once we live separately. Wife and I had already reached an agre… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
I need help with the enforcement of a spousal support
I need help with the enforcement of a spousal support agreement from Virginia. I live in tn the respondent lives in va...what court or state do I use to get this heard? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
I need some spousal support advice for my divorce. Ca. No a
Hi Pearl, I need some spousal support advice for my divorce … read more
socrateaser
socrateaser
1,031 satisfied customers
This is a CA divorce alimony question. In our court order I
Good afternoon,This is a CA divorce alimony question. In our court order I was to pay my Ex $1800 month for the rest of her life or until she got married. She go married June 10th of this year. So my … read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
My question is regarding potential alimony. We're in Georgia
Hello. My question is regarding potential alimony. We're in Georgia & have been married 22 years. No prior marriages, children, assets/debts. No infidelity, abuse or inheritances. Two kids in college … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
I've been divorced since 1999, but spousal support stopped
I've been divorced since 1999, but spousal support stopped in 2000. Ex-husband worked as pilot for United Airlines. How can I claim this back support? I have not remarried. … read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
Getting a CA divorce and agreed to mediation. Will the
Getting a CA divorce and agreed to mediation. Will the mediator need a budget from me to determine spousal support? How does that work? I know about the standard alimony calculator, but not much else.… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
I live in SC. I want to file for at fault divorce against my
I live in SC. I want to file for at fault divorce against my wife (adultery). She won't agree. I know several people that are close to her that know this is the case (she's not hiding the fact from he… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
Are husbands able to get spousal support? California
Are husbands able to get spousal support? JA: Because family law varies from place to place, can you tell me what state this is in? Customer: California JA: Have you talked to a lawyer yet? Customer: … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
When does temporary spousal support end and spousal support
when does temporary spousal support end and spousal support begin. At my initial hearing I was ordered to pay $2000 per month of temporary spousal support. At the divorce hearing, the Judge ordered me… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question concerning spousal support in Oklahoma...
I have a question concerning spousal support in Oklahoma... … read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
Can a divorce settlement that has been mediated be redone
can a divorce settlement that has been mediated be redone and one of the party's wasn't there the lawyer did it … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
I received spousal support after my divorce in 2005. I
I received spousal support after my divorce in 2005. I cohabited with a boyfriend for 3 years and my ex sued for termination of support, which was, in fact, terminated. The cohabitation lasted from 20… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
I'm looking for information on uncontested no fault divorce
Hello! I'm looking for information on uncontested no fault divorce in Ohio. When I look up Ohio revised code it states that this can be obtained through incompatibility, or separation for one year. Ho… read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x