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What are my chances in this case: could I possibly pay alimony for 12 years as opposed to 5.5. of the second marriage? Thank you

Saint Augustine, FL |
Filed under: Divorce Alimony

My spouse and I got married in 2011 and got divorced in 2004. Then we remarried in 2007 and in April 2013 I filed a petition for dissolution of marriage. While we were divorced b/w 2004 and 2007, we still lived together as roommates (had one joint checking account and a car in both names). We did not have any sexual relationship. My spouse is taking me to court and wants to prove that we lived as married couple from 2001 to 2013 (because he wants to get alimony for the duration of the marriage of 12 years as opposed to 5.5 years).

it was 2001 year at the beginning, not 2011.

Attorney Answers 4


You should meet with an attorney. The length of the marriage is important, but it is the length of the marriage, not of the time that you lived together. Discuss these details with the attorney.

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That is a question that we lawyers ask each other all the time. It is a very complex area of law, and it is very fact specific. You will not know the answer until you speak to an attorney face to face and go over all the facts.

It seems that alimony would only apply to the last 'marriage', but without a thorough search of case law and the statutes, no attorney will be able to give you an answer that you can rely on.

Best of luck to you.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272

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The law(s) of the State of Florida hashave for quite a long time now (I believe since 1964 or 1965) refused to recognize what is commonly referred to as "common law marriage" which formerly was recognized, if certain necessary elements of the relationship in question existed in fact, as a consequence of the fact that our Americanan common law derived and evolved from the British common law, which, also recognized common law marriage before the United States became a nation. The states have one by one eliminated the recognition of common law marriages, and the years during which you were not, in fact, married, are exactly that - years during which you were not married. In that respect I respectfully disagree with my colleague's response although there may be other aspects of the issues to which you made reference in your question, to which she was replying. As a family law practitioner for some time now, and one who has endured the incredibly lengthy and unduly complicated process of divorce (and, worse, custody battles), generally precipitated by the parties themselves, but which are exacerbated by the incredibly slow movement of the court processes which are relevant to such proceedings, I can only wish you good luck and advise you that, in my opinion, you need a lawyer. However, you should interview several attorneys, or many, before making a decision in this regard, and ask a lot of specific questions regarding billing, etc.

Best regards,

David B. Dohner, Esq.

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I agree with wise counsel who suggested that you interview several attorneys and only hire one when you feel that you've met the right one for you. 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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