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Can I get Alimony after 7 years of marriage if my husband is committing adultery?

Kendall, FL |

I have been married for 7 years and been the main provider for the first 5 years. The pas t 2 he has been as I had some health issues and needed heart surgery and just 3 months ago I was terminated from my job. I have no money and nowhere to go and he says he wants me out. He is still seeing his mistress. Also we have 3 children. 1 is his but i have raised her since she was 8 months. the other 2 are mine but he signed the birth certificates since there was no named father instead of adopting them. Is h obligated to pay child support if he signed knowing he was not the biological father?

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Posted

Florida is a no-fault state so the fact that he was committing adultery plays no role into whether or not you would receive alimony. Your health issues may have some impact on the judge's decision regarding alimony. As to the children, if you were married to him at the time of their birth, he would be considered the legal father and would be responsible for paying child support. If he signed the birth certificate saying that he was the legal father, he also accepted the responsibility. If you filed for the dissolution of marriage, you could ask the court for temporary exclusive use of the home pending the outcome of the divorce. I suggest you contact a local family law attorney who can answer your more specific questions and get you on the right path to ridding yourself of this man. Good luck!

This response is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney to fully discuss your issues.

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Posted

Thank you for your input. It is much appreciated.

Posted

You have many issues going on here. Please see if a local attorney can assist you. Best of luck.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445

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Posted

Seek the assistance of a local attorney or at the least, see if your local legal aid can assist you. You have many issues present but first and foremost, you have to make the decision to divorce him and move forward. I wish you the best of luck.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Posted

I agree with my colleagues. You have way too many issues to be addresses all at once. FYI. Adultery does factor in when it comes to receiving alimony as well as if he had an affair, that could be considered a dissipation of marital assets which means you would get more of the assets to make up for his spending money on the affairs. You might also be able to get attorneys fees and costs. Feel free to check out my website where I explain these things and have links to the statutes. Again, like my colleagues said, you need an attorney.

You can reach the Law Office of Richard S. Chizever, P.A. at (305) 974-1580 or RChiz@ChizeverLaw.com. Richard S. Chizever, Esq. is a family law attorney licensed in the state of Florida. This answer is for general information only and does not create an attorney client relationship between Richard S. Chizever or the Law Office of Richard S. Chizever, P.A. and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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Alimony is a very complex area and highly-nuanced. Attorneys do not like to give snapshot opinions regarding alimony, or anything else for that matter. While alimony is not precluded by a 7 year marriage, it is far from automatic. You need to retain an attorney who is quite familiar with alimony and, moreover, family law in general. Good luck.

Bill Rosenfelt (407-462-8787) (Orlando)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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