Brent, FL Divorce Law Firms & Lawyers

Generally, if you give birth to a child while you are married, your husband is legally the father - even if he is not the biological father - and the biological father has no standing to challenge the husband's legal paternity.  While there may be circumstances in which a biological father will be allowed to maintain a paternity suit notwithstanding the conception or birth of the child during the mother’s marriage to another man, the law is unsettled in this area.  One thing is for sure:  the biological father must show compelling reasons based on the best interests of the child to justify disturbing the presumption that the husband is the legal father. In one case, a man who (1) was the biological father of two children who were conceived during the mother’s marriage to another man, (2) resided with the mother and the two children as an intact family prior to her divorce from her husband, and (3) married the mother following her divorce from the other man and continued to reside with her and the two children as an intact family, was allowed to maintain a paternity action.  Thsi is a treacherous area of the law.  You need to seek legal counsel.

There are many factors which the court is required to consider in determining whether to award alimony or not. You can find these factors in the alimony statute, Section 61.08, Florida Statutes. It appears from what you did provide that at least some of the factors favoring an award of permanent alimony are present in your situation, but there are several different types of alimony that may apply to your situation, and all of the statutory factors must be considered. You should speak with an attorney for a full review of all of the applicable facts of your case and to discuss how the law applies to those facts.

A mortgage is separate from a deed to property. Ex-wife cannot convey by deed more than she owns. She only owns the part of the property paid off currently on the mortgage. She still owes on the mortgage.