I leave in Miami, Fl. Separated for 10 yrs. Not divorcedNow my wife will not give me a divorce. What can I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I leave in Miami, Fl. Separated for 10 yrs. Not divorcedNow my wife will not give me a divorce. What can I do?
I have been separated form my wife for 10 yrs. Paid for food, shelter and clothes for my 2 children. Unfortunately I paid by cash only. children are 18 yrs and older now. My wife is threatening to take me to court if I demand legal divorce.
Asked on June 30, 2009 under Family Law, Florida
Answers:
Joanna M. Mitchell / Mitchell & Associates, PA
Answered 15 years ago | Contributor
Typically, child support in Florida can be retroacted back to the date of separation, but not more than two years. We would need to find a way to prove that you did assist in supporting your children, even if it were via cash, but she wouldn't be able to retroact further than 2 yrs regardless. Most likely your children are aware of the monies that you provided, the clothes and food and shelter that you helped pay for, in which case, if necessary, now that they are 18 and older they could testify on your behalf should she choose to misrepresent your support.
Regardless, you shouldn't let her threats continue to control you and you should be able to move on with your life. My office is located outside the Orlando area, and so I would be unable to assist you in Miami (unless she is located near Orlando), but I would strongly agree that you should retain an attorney to assist you in the process.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Ok, I think that it is time to get a lawyer. Your children are emancipated under Florida Law. The age of majority in Florida is 18. (Florida Statutes § 743.07) Support is automatically terminated at age 18 unless child(ren) is/are declared legally dependent beyond that age due to mental or physical disability; the child is 18 and still in high school and will graduate prior to age 19; or support has otherwise been ordered to continue.
Now you need to be concerned about the back support that you paid in cash. I am not admitted in Florida but I am sure that you can try and prove payment in other ways besides receipts or checks. An attorney will know the case law and what you will need. Don't let her threats stop you from taking the lead. You did the right thing for your children and now it is time to move on. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.