About Equality in Marriage Institute Expertise As a non profit organization commited to assisting and supporting men and women through their divorce transition, we will answer any questions -from how to get yourself on your feet after being served with divorce papers, questions to ask your lawyer, how to appeal or modify your judgement and the different ways to end your marriage to how to empower and care for yourself, the benefits of joining a support group and how to manage your divorce process. Please note that we are not lawyers, financial advisors or therapists. The information given is intended to provide you with direction towards resources, websites, and answers that can help you through your transition.
Experience We have experience answering hundreds of questions from both men and women who are going through the divorce process.
Expert: Equality in Marriage Institute - 4/10/2006
Question Hello,
I told my wife yesterday I wanted an amicable divorce, 50/50. We are both full-time professionals with similar salaries, $55K for her to $45K for me. We have 3 children, 17, 16, and 6. She is not agreeable to a 50/50 settlement. I agree she would get primary custody with the children. I just asked I would be able to see my son basically most weekends. She said no, only occasional weekends.
My question is concerning the house. It is paid for (worth about $330K). My understanding is if she wants to stay there, she would have to basically give me half (borrow, which she is financially capable of), or we sell it and split the proceeds. She said her understanding is Florida law says she could stay there and not give me anything until the last child is 18. Who is right? We live in Palm Beach County, Florida.
Thanks,
Jeff
Answer Dear Jeff,
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_Strin... this link from the Florida state gov. site states:
"The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home."
this is the main link to the Florida Divorce laws that are certainly worth reading:http://www.stateofflorida.com/Portal/DesktopDefault.aspx?tabid=64. This site also has infomraiton pertaining to child custody, visitation and support.
The more you know the better you can decide what is best for you and your children.
