QUESTION

We have been seperated for about 4 months. We were considering mediation, but she is too difficult. If I retain an atty, should I let her know 1st?

Asked on Jan 04th, 2020 on Divorce - Florida
More details to this question:
Married 13 years. I make most of the money as a pharmacist. She is only subbing at school. She lives in the house, I have rented an apartment. The deed is on both of our names. The mortgage is in my name. Right now, I am giving her 1/2 of my income. There is no way she can afford to live there without it. I have about 250k in retirement, 13/30 years accumulated while married. We have an 11 year old son.
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2 ANSWERS

Child Custody Attorney serving Maitland, FL at The Troum Law Firm, P.A.
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You may consult with an attorney, without notifying your wife, to discuss retaining them. Mediation is usually a mandatory requirement in the State of Florida.
Answered on Jan 21st, 2020 at 8:41 AM

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Family Law Attorney serving Plantation, FL
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Mr. Boches:      I would suggest that once you retain an attorney, and if the attorney is going to file the divorce action, that you let your wife know before she is served with the divorce papers.      As to whether your wife will retain the marital home, often if the home is too expensive, a court can order the home to be sold  Typically all assets and liabilites of the marriage are equally divided.  As to issues of dividing the rest of your assets and alimony, there are no hard and fast alimony rules in Florida, but instead of establishing a pattern where you can afford to give your wife half of your income, I urge you to sit down with an attorney and discuss the particulars of your case in more detail.    Even though mediation at this juncture may be premature, most courts require the parties to mediate divorces before going to trial.  And the majority of cases do settle in mediation.     Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  
Answered on Jan 06th, 2020 at 7:48 PM

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