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Had argument with my husband... been going on for a few days…

Customer Question
Had argument with my...

Had argument with my husband... been going on for a few days now... if I do not return home tonight, will I be consider that I'd abandon him ????

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Port saint lucie florida

Lawyer's Assistant: What steps have you taken so far?

None yet

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

Acquised me of cheating on him

Submitted: 2 months ago.Category: Legal
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Answered in 8 minutes by:
3/29/2018
Lawyer: legalgems, Lawyer replied 2 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,358
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 2 months ago

I am sorry to hear you are having difficulties with your spouse.

FL is mainly a no fault state meaning a party does not have to have a specific reason for divorce other than "irreconcilable differences" or "mental incompetence"; please see that statute here:

61.052 Dissolution of marriage.—

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:

(a) The marriage is irretrievably broken.

(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. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party. However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s.61.08.

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.052.html

As such marital misconduct is not required for a divorce.

If a divorce is imminent the court will equitably divide marital property - a fair and just division which is not necessarily equal; here are the factors the court will consider:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(b) The economic circumstances of the parties.

(c) The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

(j) Any other factors necessary to do equity and justice between the parties.

Normally for marital misconduct to be considered for property division purposes the misconduct must have harmed the other spouse financially.

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Customer reply replied 2 months ago
B... don't feel comfortable to head back home... don't want to argue anymore, had issues in the past... been trying to work it out but he's not cooperating
Lawyer: legalgems, Lawyer replied 2 months ago
If one is in gear of harm a protective order may be sought. There are usually facilitators at the court to assist with that.
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Customer reply replied 2 months ago
I am unable to enter info... says payment error... what can I do about this ???
Customer reply replied 2 months ago
entered info a few time already.... please help.....
Lawyer: legalgems, Lawyer replied 2 months ago
I am an individual contributor so I don't have access to your account. Please contact
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Lawyer: legalgems, Lawyer replied 2 months ago
Ww2.justanswer.com/help and they are good about assisting with this.
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Lawyer: legalgems, Lawyer replied 2 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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