QUESTION

What are my rights and responsibility if I file for divorce today and how much would it cost?

Asked on Jul 20th, 2015 on Divorce - Florida
More details to this question:
We had a wedding in 2008, but didn't file for marriage certificate until 2014. We lived apart. She worked and lived as a software engineer with income about $80,000 a year. I owned a dental office which didn't make much money in 2008-2011. In April 2014, we filed for marriage certificate. In October 2014, she quitted her job and moved to here and lived with me ever since. We filed joined income tax for year 2014. Now, due to irreconcilable differences, I wanted to file for divorce. She owns 3 houses in another state which have been paid off and valued around $900,000 (combined). I own 2 houses values at also $950,000 but I just bought them only 2-3 years ago and only made 20% down payment when purchased. Together, we bought a house value of $810,000. Last year, around September 2014, a month before she moved here. We made 20% down on that house. She has monthly rental income from those 3 houses about $4,000 to $5,000 per month. I made about $200,000 per year (before tax) from my business. We have no children. She won't sign the divorce and will contest it for spousal support and properties. What is the amount of spousal support? Is she entitled to my dental business?
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3 ANSWERS

Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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You need to consult with an attorney. Your question is way too complex and much more information would need to be known in order to address your potential options and outcomes in the event of a divorce. One question looms - were you legally married in 2008? Or was the marriage not a legal marriage until 2014? You should have received a marriage certificate which would show the date the marriage was legal. This will make a huge difference in how any of your questions are answered.
Answered on Jul 27th, 2015 at 7:07 AM

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Your situation may be rather complicated, and you haven't really provided enough information to give you specific answers to your questions. To start, from the facts as you describe them, it is unclear whether or not you are even legally married, and therefore, you may not need to/be able to file for divorce. To have a lawful marriage, both parties must be single, apply for and obtain a marriage license, have a marriage ceremony performed during the applicable period set forth in the marriage license, and the marriage license must be signed by witnesses to the ceremony and the authorized person or clergyman who lawfully performed the ceremony during the valid period of the marriage license. Thereafter, the fully=executed marriage license must be returned to the issuing clerk of court for recording and filing. Assuming you were legally married, and could therefore file for a divorce, equitable distribution of real property will generally depend upon several factors, including how they are titled, when they were acquired, how and when they were paid for, where the funds used to pay for them came from, etc. Generally, any assets obtained during the marriage will be presumed to be marital assets, however this is a rebuttable presumption. Spousal support is generally awarded based upon a multitude of factors, and there are presently five (5) different types of alimony/spousal support in Florida, each with their own set of factors, one spouse's need and the other's ability to pay primary among them. You really need to sit down with an experienced family law attorney to discuss the specifics of your situation and to educate yourself about your options. You shouldn't wait to do this.
Answered on Jul 24th, 2015 at 10:01 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You need to actually go see a family attorney with all of your questions. You can afford it, unlike so many people who seek free advice. It might be best to go see at least 3 family lawyers in your area.
Answered on Jul 24th, 2015 at 8:41 AM

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