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Im trying to get a divorce from my husband of 13 years we…

Hello im trying to...

Hello im trying to get a divorce from my husband of 13 years we share one child together but have been separated for bout 8 years or so i have custody of our son he pays child support when he wants too i want a divorce so we both can move on the right way i want to know if i can get alimony and child support if not just child support he can get him on school breaks and we can split holidays but he does not agree to that he wants a week on and a week off a week with him then me then him and so on i do not think that is stable for my son being his dad has no place to live other than with his girlfriend he stays in and out of jail for traffic violations and drug charges he does not have a car i have have a home for my son a car a good job and a great fiance but we cant get married until i get a divorce

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No this is my first attempt to try to do anything

Lawyer's Assistant: Family law varies by state. What state is he in?

We both live in Florida same city*****away fro each other

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

No not at the moment thank you

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Answered in 2 minutes by:
4/3/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,424
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks so much for your patience on this. The answer to your question is yes, you can get alimony, child support, and if he is in and out of jail and has no place to live, it is likely you would get full or primary custody of the child as well. What's important to understand is that the court will look at your earning capacity, his income, your income, and the # of children you have in determining alimony and child support.

When it comes to custody, it is critical to understand that the courts are bound to look at what is in the best interests of the child above all else. This means they will look into who and how the child’s health, education, welfare, and safety are best going to be served. Sometimes, this can be inconvenient for the petitioner, but because the kids cannot protect themselves, the court takes it upon itself to protect them. The bright side is that if you understand this in advance, then you will have an edge when you are dealing with the other side.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 4 months ago
ok so what is the first thing i need to do in the morning to get the ball rolling i have no lawyer so i dont know how to take it to the court

Good question. The first thing you need to do is to go down to the family courthouse in your county and ask if there are any packets for filing for divorce. Usually, they will have a packet that contains instructions as far as what you need to do from start to finish. In the packet it'll ask if you want alimony, child support, and how you would like custody to be set up as well. That is the first and most important step. You can specifically ask the court clerk on the first floor if they have any forms for a "petition to file for dissolution." They'll know what you're talking about.

Did you have any other questions for me about this?

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Customer reply replied 4 months ago
what is a petition of dissolution? then once i get the packet fill it out give it back then wait to hear from someone

Sorry, the petition for dissolution is just the form that you need to file for a divorce. Once you fill it out, you will file it, they will give you a copy, you have to have someone who is over 18 and not a party to the case serve the documents on your spouse, then the court will set up court dates to determine how custody, alimony, and child support will be set up so you have to watch the court calendar.

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Customer reply replied 4 months ago
serve the documents? is that the packet i will fill out and file with the court when they give my copy i have to have a non member of the party serve him wit them

You got it. Basically, you will file your forms for divorce, you will get a copy, then you serve that copy on your ex. All of the instructions are going to be in the form. FL is very good at putting step by step instructions in their forms to reduce confusion.

What other questions did you have for me regarding this?

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Customer reply replied 4 months ago
ok so what if he get the papers do not agree throw them away and dont show up for court

If he doesn't respond, then the court will automatically grant you whatever you want in the divorce. If he disagrees and you two can't reach a settlement, then it'll go to trial where you have to prove you deserve what you're asking for.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,424
Experience: Licensed to practice before state and federal court
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Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
ok thank you for your time

You bet!

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