Babson Park, FL Divorce Law Firms & Lawyers

Florida is a no-fault divorce state. In the simplest terms, this means that if one party wants a divorce, they can get divorced (assuming that they meet the jurisdictional and other requirements), regardless of whether the other party wishes to remain married or not. You are not obligated to reach an agreement with your spouse, however, if you don't, you should be prepared for the financial repercussions, which may include, but not be limited to being held responsible for all or a part of your spouse's attorney's fees and costs. You should consult with an attorney.

This is easy if he remains in the U.S. only IF you know where to find him so he can be served with copies of the divorce papers. The fact he's here illegally is not relevant to the divorce but could be an issue with regard to any claims he wants to make for custody or visitation. You should just file the divorce case right away and serve him. There's much more to the process, so call a family law attorney.

Dear Anonymous:    Under Florida law alimony hinges on two main factors: * the need for a party to receive alimony, and * the other party's ability to pay alimony.   So although it appears you have a need for alimony, your husband's ability to pay  depends, in part, on what his monthly expenses are. in addition to what his income is.   You indicated you have not worked for 12 years, but, depending on your age, the Court could impute some income to you (possibly minimum wage depending on your skill set).  Keep in mind, any alimony you would received would be tax free to you,  and your husband would be taxed on the money, so we cannot look at gross income, but have to look at his net, after tax income, which would clearly be less than $80,000.    As to the length of your marriage, under Florida law,you have a long-term marriage, (over 17 years), where there is a presumption of you receiving permanent periodic alimony if there is the ability to pay.   Unfortunately, Florida does not have any tables that spell out an amount of alimony that a party should pay based on income, but rarely, if ever would it be 50% of your husband's net income.  Beyond that giving you a number would be like a surgeon diagnosing a patient over the phone.       As to the home, that is a marital asset.  You are entitled to half the equity in the home, and the court can order it sold and the net proceed split, or one party can buy the other out and pay to that party half of the equity.  Either way the house proceeds are part of equitable distribution, separate and apart from alimony.   I hope this provided you a little insight into the alimony process. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Boca Raton-Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com