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scooterbug44

SoWal Expert
May 8, 2007
16,706
3,339
Sowal
If they don't have kids then it is not that big of a deal. She is doing the right thing going to a lawyer. too many mistakes made trying to do it yourself. I believe that Florida is a community property state, as such, there should be an equitable division of all community held assets minus community debts. There can be the odd exception when one party is an a$$hole or there is a out of town lawyer involved. In family law you should always have a lawyer who is familiar/friendly with the judge where the case is filed or you risk getting "home towned". If there are substantial assets involved, definitely, hire a lawyer who is board certified in family law.
BTW, I am not a lawyer, but I did stay at a holiday express last night. My wife is a board certified family lawyer in Texas and she says, rule #1 is no nookie post separation with anyone until the judgement is signed.:drink:
Why? I doubt it would be a problem, at least for her and I know it would technically be adultery, just curious.
 

Miss Kitty

Meow
Jun 10, 2005
47,011
1,131
70
I used to tell Mr. K if we divorced that he could have the kids and I would take the dog. Must have worked...30 years in July. :D
 

DBOldford

Beach Fanatic
Jan 25, 2005
990
15
Napa Valley, CA
For those of you interviewing divorce attorneys...don't listen to the advice of one you haven't retained. My college roommate interviewed four attorneys, all of them telling her she would get a large alimony settlement that would last many years. NOT. If there is no child support and the person has a reasonable way to make a living, probably get none. If restitution is needed for gainful employment, the party might get 4 to 5 years of alimony max. Divorce law is written by men and for men, girls. Don't believe those stories you hear about women "taking the guy to the cleaners." This is fiction, especially in no-fault, community property states. Be smart. Hire an attorney and get a reality check before making any moves. And consider that women are typically in much worse financial shape following a divorce than a guy is, although there are exceptions.

For those of you who can't afford to keep your primary residence at the time, be sure you include a right of first refusal so you could conceivably purchase your home later if he decides to sell. You never know what will happen on the other side and there is no reason to not include this in the property settlement. And saves both of you a realtor's commission.

I left my first marriage with a couple thousand dollars from the savings account, no interest in two nice homes or any portion of the investment portfolio. Just wanted no one to feel bad towards me. Stupid, stupid, stupid...kept me out of the housing market for the next five years and I never even saw the guy ever again. He married a very wealthy woman and moved into her mini-mansion, sold my house and pocketed the gains. Look out for yourself. If the spouse is on their own side and you're on their side, too...who's going to be on your side? Be careful out there and be smart!
 

waltondude

Beach Lover
Apr 2, 2006
54
0
Walton County
So many of you people thought so little of the vows you took before God? Gonna be warmer than south Walton. Divorce is not an option. Instead of contemplating divorce, spend the energy working your marriage.
 

McKellar

Beach Comber
Jun 1, 2006
16
0
College Station
The no nookie rule is based upon the observation that the divorce process is really just a business negotiation. Interject jealousy and it gets personal. If it gets personal the offended party will do whatever they can to put off the final judgement. If your spouse really hates you, they will never divorce you. Staying married will be their way of making your life a living hell. Yes, more than it already is.
I had a friend once. going to get a nice uncontested divorce, no kids, not substantial property, etc. For years he drove an old rusted out Volvo. During the pendency of his divorce he borrowed his bosses new Volvo, took it home for the night. So happened that his soon to be ex drove by and saw the new car parked in the driveway. She figured he must be hiding money or he had a girlfriend. After 18 months and $12,000 in attorney fees (1987 prices) and a four day trial he was divorced. Would have taken 61 days had he not taken that car home that night.
 

Rudyjohn

SoWal Insider
Feb 10, 2005
7,736
234
Chicago Area
So many of you people thought so little of the vows you took before God? Gonna be warmer than south Walton. Divorce is not an option. Instead of contemplating divorce, spend the energy working your marriage.
Let me guess... you've probably never been married, have you?
 
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