Legal Question in Family Law in Florida

Is it possible in the state of Florida to file for divorce at the County without actually starting the process of divorce? My wife and I are trying to work it out, but I am afraid she is just waiting for the 17 year mark of our marriage so I have to pay more alimony. I do love her but want to protect the rest of my life financially if this marriage crashes any more.


Asked on 6/19/12, 11:31 am

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

17 years does not necessarily mean she will get alimony. There are other factors to consider - what conribution she put in the marriage, co mingle of funds, did she work, are there minors, house equity etc.

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Answered on 6/19/12, 12:03 pm
Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

The State of Florida does not have a legal seperation. If you file a dissolution of action in Florida, it is offically started. Sometimes it takes time to have the case heard at trial and if you and your Wife are able to come to a resolution to get back together, before trial, you can always voluntarily dismiss it. I would seek the assistance of an attorney at least for a consultation and discuss with them what assets you have, what debts you have and what if any, obligation you might have to pay spousal support. Spousal Support is not only based on the years of the marriage, but on how assets and liablities are divided and what your ability to pay is, if you have any, and what her need is, if she has any. Good Luck.

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Answered on 6/19/12, 1:14 pm


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