Fernandina, FL Divorce Law Firms & Lawyers

Dear Ms. Avery:        Based on the length of your marriage, under Florida Law you may receive permanent periodic alimony.  That is a sum paid monthly by a former spouse indefinitely unless you remarry, either party dies or there is a substantial change in circumstances, or you have a substantial supportive relatinship with another individual that would allow either party to attempt to modify or terminate the alimony.      Alimony in Florida is based on need of one spouse and ability to pay of the other spouse.  Although it seems that you have a need, your husband's ability to pay (and how much) becomes the issues that a court must decide.  The court must also decide your needs and whether you have the ability to earn any money on your own to reduce the amount needed for alimony.     So, yes, you do have a legal remedy to pursue alimony.  You are also, generally,  entitled to equitable distribution of the marital assets and debts.     If you are served with divorce papers, it would likely benefit you to at least have a consultation with an attorney who could review your case and help you move forward.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward, Boca Raton and Miami-Dade 954-316-3496/561-962-2785  

It depends. Are there children involved? If so, even if you are in full agreement, there are more documents and work to be reviewed and done. Do you have joint debts (or debts used for joint purposes, since Nebraska is a communal property state)? Do you have retirement accounts? Real property? Either one self-employed? All of these things change the amount of work and thus, the cost involved. No good attorney can quote you a rate without knowing the specifics of your situation. Your best bet is to set up a consultation with a local family law attorney who can find out your factual scenario and specific goals and then set a fair rate of pay for them to assist you. Generally, for experienced attorneys such as myself, we charge a small fee for this consultation. Often, newer attorneys who are still building their practices may even offer such a consultation for free. Best wishes.

Unfortunately, a lot of divorce lawyers are unprepared to handle a divorce involving a career service member. The answer to your question depends on the substantive law of the State in which the divorce will be heard, meaning that the portion of your retirement to which she may be entitled is not determined by federal law, but by state law. The problem arises is the drafting of the final divorce papers. The federal government will interpret the phraseology used in the final divorce papers in predictable ways that most attorneys do not know. Using the wrong phraseology can get results neither attorney ever expected and which the court never intended. The answer to your question, technically, is that yes she can ask for the sun, the moon and all the stars.