My husband and I are having difficulties. He comes home only some of the time. Can I claim desertion and keep him out even t...
Full Question:
My husband and I are having difficulties. He comes home only some of the time. Can I claim desertion and keep him out even though he has everything in his name?
08/11/2007 |
Category: Divorce ยป Legal Separa... |
State: Florida |
#7863
Answer:
Before you take any legal steps to end your marriage, you should make sure that you have tried all possible ways to save it. Do you want professional help in working out ways to save your marriage? Many communities and many social and religious organizations offer counseling services either free or on a sliding fee scale. Or you may wish to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi or other qualified person. Your attorney may also know someone who can counsel you and your spouse.
The official word for divorce in Florida is "dissolution. Florida is one of the many states that has abolished fault as a ground for divorce. All that is required is that the marriage be "irretrievably broken." Either spouse can file for the dissolution of marriage. All that has to be proved is that the marriage is broken. Fault, however, may be considered under certain circumstances in the award of alimony, and determination of custody issues. To obtain a dissolution of marriage in Florida, at least one spouse must have been a Florida resident for six months or more before the case is filed. One of the most difficult and complex areas of divorce is the division of marital property. Marital property may include cars, houses, retirement benefits (pensions), business interests, cash, stocks, bonds, bank accounts, personal property and other things of value. Florida statutes and case law provides for an "equitable distribution" of marital property. In essence, the marital property should be divided fairly or equitably(not necessarily equally) between the parties regardless of how the title is held. The division is based upon all facts of the case and the contribution of both spouses to the marriage. The division of marital property (any asset acquired during the marriage by the efforts of one or both parties) is considered in conjunction with all other awards of alimony and interests in property.