QUESTION

How can I get alimony if my ex refuses to divorce me?

Asked on Jun 11th, 2015 on Divorce - Washington
More details to this question:
Since I cannot get my ex to divorce me, can I get alimony from him? I have filed through legal aid because I don't work and we've been separated since 2002. He gets disability and has been living with a woman for over 8 years. What do I qualify for?
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6 ANSWERS

Eduardo Julio Mejias
In Florida, you do not need the other spouse's consent for a divorce. You also do not need "grounds" to obtain the divorce. Florida has been a "no fault" divorce state for several decades. The question is not whether you will become divorced, but if alimony will be awarded, and if so, how much. His disability, if genuine, will limit how much alimony you can receive, however. Furthermore, you did not state why you do not work. A family law judge may impute (assign) an income to you, if it is shown that you have the physical and mental capability of working.
Answered on Jun 17th, 2015 at 2:19 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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If you have been living separately for 8 years without filing and supporting yourself that time.. it is unlikely you will get alimony.
Answered on Jun 17th, 2015 at 2:19 PM

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You have filed through Legal Aid so you must already have a lawyer. Ask him or her all questions related to the case. Did anyone who knows their business put into your head the idea that your husband must sign on to the divorce, or agree to it? You certainly do not need his agreement to start, or to conclude, a divorce action.
Answered on Jun 17th, 2015 at 2:19 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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To obtain alimony file a Petition for Dissolution of Marriage and ask for alimony. There is no formula so I can't say what you qualify for.
Answered on Jun 17th, 2015 at 2:19 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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He doesn't have to agree to the divorce, you need to file to get it. If he gets disability he has no ability to pay alimony. The requirement is not just your need for it, but his ability to pay.
Answered on Jun 17th, 2015 at 2:18 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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Divorce your ex. All you have to do is file papers. The other side does not need to sign.
Answered on Jun 17th, 2015 at 2:18 PM

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