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Old 09-14-2005, 02:38 PM
Quercus Quercus is offline
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Join Date: Aug 2004
Location: Don\'t touch the hair.
Posts: 518
Default Re: Im Getting Divorced... Can Anyone Help

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[ QUOTE ]
Child support is a given.

Florida is not a community property state, so alimony is a possibility.

Ask a lawyer, you'll get a better answer.

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What does that mean not a community property state? Also, my dad is a co-signer on the house, help me at all?

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In a community property state, typically the courts will look at all property acquired during the marraige and split that down the middle. There is _generally_ no alimony paid. However, only 9 states are community property states and to the best of my knowledge, Florida isn't one of them.

The courts generally prefer that the divorcing couple work out a fair deal themselves and then they'll sign off on that. However, many divorcing couples refuse to do that (especially once lawyers get involved adding a layer of indirection - making it much easier for things to get nasty) and the courts end up having to arbitrate.

Your father being a cosigner on the house should be irrelevant. As part of the divorce, the disposition of the house has to be considered. $40,000 in equity is part of the marital estate as is the $510,000 in debt. A lot of times what happens is that the couple will sell the house and split whatever cash comes out.

One person can offer to buy the other out of their equity and re-mortgage the house in their name. Sometimes one spouse will be allowed to live in the house while the other has to pay for it.

Its hard to say - that's why you need to get a lawyer.

But, before you go down this expensive, disruptive and painful path, maybe make another (first?) attempt to reconcile.

The absolute worst year of marriage for many people (my wife and I included) is the first. Once you figure out what it takes to get beyond it, sometimes the marriage just gets better and better.
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