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Moral and ethical questions in a divorce.

Cocoa, FL |

Wife asked for a divorce 5 months ago but has yet to file. In this time she has been acting like she is already divorced. Talking to other men, partying with her single friends, going on vacations and spending money like crazy and staying over at friends house some weekends. I tried to work things out with her but she refused. I cant file cause I lost my job 5 months ago & have been struggling to find a new one. So my question is are there any moral or ethical rules she is breaking by living the life of a single person while she is still legally married? Can i use this against her to get alimony. Also she has always made around 4 times more than me in salary & has always paid most of the bills (but has paid the mortgage late twice already affecting my credit). Can i bill her my lawyer fee

Attorney Answers 5


  1. Best answer

    Morally, she's wrong. But that and a quarter won't get you a cup of coffee, anymore. FILE! She is content to wait until you file because she would likely have to provide support to you. Either speak with a legal aid society, or get an attorney, but file on Monday if at all possible!


  2. If you are asking if she is breaking any part of the law by living the life of a single person, the answer is "no." I understand that her conduct is likely very hurtful, however, you need to focus on getting your own life on track and not worrying about what she is or isn't doing. I'm not sure why you cannot "file" because you do not have a job. Because that is exactly what you should do as as soon as possible. Regarding alimony, there is a chance you could be eligible for some form of it depending on your situation. You have not mentioned how long you've been married, for example, and I can only assume that you do not have children. As far as attorney's fees are involved, the judge has broad discretion in awarding them, however, that does not mean that they will be given to you up front to go and hire an attorney with. While I understand that this has had to be most unpleasant for you, it's important for you to realize that Florida's divorce laws are not designed to be punitive with regard to moral and ethical shortcomings. Your best bet is to get a good attorney as soon as possible and pull yourself back up again. Best of luck and I'm sorry for your situation.

    Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

    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.


  3. She is not breaking any laws, and morals and ethics don't matter in a no-fault divorce state. You need to find a way to file for divorce,

    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


  4. I agree with my colleagues and you need to find a way to hire a family law attorney as soon as possible.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  5. No, it's not against any law to act single while separated. It's morally wrong to do that to your partner but there is nothing you can do about it in the court of law. It is best to consult and obtain counsel to walk you through the divorce process. Yes, there is an opportunity to request she pay your attorney fees. Consult an attorney for further information.

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