AboutDan Bachert Expertise I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.
Organizations Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
Question I would like to know if wife abadoned our kids and it's been 4 years what kind of rights do i have,also she walked away from the house i purchased during and was always made the down payments and always made the mortgage payment without any help from her.Her name is on the house with me ,but i'm the primary,we've owned for 16 years now.I was told by someone that possesion is 9/10 of the law what does that mean and what rights do i have since she's been gone for 4 years.
Answer Hi Kevin, you need to file for divorce for two reasons if none other. One you should be receiving child support for the children. Even if you feel you do not need it remember it is not yours it belongs to the children and if you do not need it to support the children then put it in a trust account or pre-paid college plan for the children. The second reason is that until such time as you file for divorce any debt that your wife may be incurring and any assets that you might be obtaining or increasing in value (i.e. the house) are considered marital debts and assets and may be distributed by the court as such with your wife being entitled to half of the homes value as of the date of filing for the dissolution and you being held responsible for half of her debt as of the date of the filing for dissolution. Yes, the court will consider testimony to change the date of when the marital assets and debts should be valued and distributed between you two but the longer you wait the more complicated the case becomes and that equates to more time in litigation and more money spent on attorneys fees.
I hope this information was helpful to you.
This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
