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I’m a husband that does not want divorce, we have 2 small…

I’m a husband that...

I’m a husband that does not want divorce , we have 2 small children, but my wife says she is unhappy and wishes to be free in order to be happy. What rights do I have?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

No I am trying to get her to go to marriage counseling but she says her mind is made

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I make more than her financially, better position, but in the past she was in a better position financially than me, now that I have a better job it’s like she is ready to move on

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Answered in 5 hours by:
3/14/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,887
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. I am sorry to hear about this. When you say rights, do you mean to the children?

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Thank you for the reply. You have a shared legal right and interest to your children. You have just as much as she does and if she files, it will need to be decided if custody will be shared or if the children will reside with one parent and the other will have visitation. Ideally, you would be able to work this out and agree but if not, the Judge will decide based upon the best interest of the children.

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Customer reply replied 5 months ago
As a husband that is fighting to keep the marriage do I have to pay spousal support because I make more and what is the likelihood of success if I file for joint/equal custody

I think the Judge may be inclined to order shared custody, as long as it is in their best interest and this can be done. As far as support, if she seeks it, she will need to show a need for it and that she meets the requirements for it. Here is a link to the Florida Statute which controls and which a Judge will use when deciding.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,887
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Customer reply replied 5 months ago
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