I live in Florida and been married for 3 1/2 years. My wife left over 3 months ago and I don't know where she is living now. We don't have any children. I began filing my divorce papers and am doing service by publication. I have not yet filed my financial affidavit. We have a house (paid in full) in both names and I have a large sum of cash is various bank accounts. I paid for everything myself(including the house), she refused to work and did not come to the marriage with any money. The cash is my life savings.
My questions are:
If she never comes forward, how will the judge split things?
Should I cash-out my savings before filing the financial affidavit?
Will she be able to get alimony?
Any suggestions or advice?
Thanks!
2006-10-12 08:14:31 · 10 answers · asked by fatsomoe 1 in Family & Relationships ➔ Marriage & Divorce
look florida is a no-fault state. which means there are no 50/50 when it comes to divorces. for a simple divorce, you go to the court house and apply for the divorce. i think the rate right now is 250.00 for it. they will in return publicsy the divorce in the newspaper for 30 days. especially since you dont know where she is at, this is like a public awareness for her. she has 30 days to condence the divorce. if she does not, you will be granted the divorced based on amandened ( she left you and you dont know where she is at).
please email me at lasalle_1986@yahoo.com because i need to ask you a few questions: was the house bought before you married? or while married? also the bank accounts: in both names? your name only? before married? during married?
dont cash out your savings, because it can look like you were stealing money from the marraige regardless who's money it is.
alimony also in the state of florida you need to show proof on her part, not yours. if she is able to work, the judge might just tell her to get a job. again we are not in california, arizona, . florida is much different when it comes to divorces.
i have been divorced twice already. one easy one, one hard.
email me i will give you more details.
2006-10-12 08:42:37 · answer #1 · answered by lasalle_1986 4 · 0⤊ 1⤋
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2016-05-15 20:28:27 · answer #2 · answered by ? 3 · 0⤊ 0⤋
#1. If she never comes forward she will get nothing as a settlement. She needs to respond to the divorce papers, of you simply get a dicvorce, and she needs to argue for what she wants later. If she does not respond, and the divorce is finalized, you can do what you want with your money, and should have it written in the papers that she has no future claim to property or money.
#2 If she knows about the savingsand you cash it out and do not include it on your financial affidavit, you will have a problem. You need to disclose everything that she knows about because if you do not, and she indicates to the court that you are hiding or have disposed of assets, they will dig as deep as they can go to uncover everything. If she does not know about the savings, move it out of the bank, or hide it.
#3 Alimony is generally only awarded for marriages that have a longer term. Generally ten years is the norm, If she is capable of working, but chooses not to, she has what is called a "earning potential" and you ask that an income be imputed to her.
#4 As for the house being in both names, you are in the state of florida, and if she is on title, you need to see what the law is about having her removed. If you can not remove her, you need to keep perfect and detailed records of the purchase of the home, where the money came from, where the money for martgage payments came from, taxes, maintenance, etc. That way if you have to sell or "buy" her out she only gets the portion she is entitled to and you get credits for everything that you have paid for from day one, and after the separation.
If anything, be happy there are no children because this would complicate the matter
2006-10-12 08:43:19 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Sign over what you can now to a brother or sister til the divorce is final. The house is a different story, judge will either make you sale it and split it or one or the other will have to pay the other half of what is worth, I would document if she was working when and where she worked before you and her got married and where she lived and so on and see if any friends of yours can remember any of this. A lawyer would be nice to have to. Good luck.
2006-10-12 08:21:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Can you get her for abandonment? Its an idea....Good luck...I just moved to Florida and we had started a divorce in Louisiana....not sure what to do now....we still have papers to finish signing and property settlement stuff. We have one child to worry about custody. I think he moved down here to slow down the progress of the divorce. Life sucks sometimes huh?
2006-10-12 08:19:54 · answer #5 · answered by greeneyes 3 · 0⤊ 1⤋
become the domicile a hundred% paid for till now the marriage? If no longer, your important different is entitled to 0.5 the fairness obtained throughout the marriage. that is extremely complicated and for this reason the only actual "winners" in a divorce are the legal experts. For the two facets.
2016-10-19 06:57:28 · answer #6 · answered by ? 4 · 0⤊ 0⤋
I know she left right. I knw that make it better for you because she left the house,see she made the mistake of leaving , unless you put boths names on the deed. Listen take the moneys, out put it in a safe deposit box and now it you moneys, nobody will know what you have even important document, that your no elses. GOOD LUCK, I don,t have anythings but she my kids, I have not seen in 13 yrs.
2006-10-12 08:32:45 · answer #7 · answered by Anonymous · 0⤊ 1⤋
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2017-03-02 08:14:28 · answer #8 · answered by William 3 · 0⤊ 0⤋
you fill out the papers what you think is fair, if she isn't going to show and dispute the papers, then the judge should have little or no response, it is only the courts decision when there is a conflict, if you have money I suggest a lawyer,
2006-10-12 08:16:37 · answer #9 · answered by rich2481 7 · 0⤊ 1⤋
you still won't know what to do from answers here.get a lawyer.
2006-10-12 08:37:18 · answer #10 · answered by freebird 4 · 0⤊ 1⤋