Alimony Question

[rayray33]

Hi, we've been married for over 4 years. I make 37,000 a year, take home pay about 31,000. My spouse had a part time job here in FL and she quit and moved out of state and has a part time job there now. We have no kids, no house, no joint credit cards or joint bank accounts. I have my car loan that I pay and I pay my credit card bills, always have. After rent and bills, I have hardly any money left over. I have been paying all the bills as usual since, and I was paying all the bills when we were together as well. We agreed to get divorced and she asked me to file here in Florida. I did and sent her the summons. Now she's telling me she's going to ask for alimony unless I give her $2000 for her to buy a car with. I don't have $2000 at all to give her. I have sent her average $100 a month since she left and as I said, I supported the household before. I filed joint tax return last 3 years and got refund which we split 50/50. One more thing, I got my green card sponsored through here and I got my permanent card last year.

My Questions.

1. If she wants to file an answer to summons, will she have to physically be here in FL to file it with the court?

2. How likely is it that she would get any alimony?

3. Should I take my bank statements and bills showing that I pay all the bills to the hearing?

4. If she alleges I married her to get my green card and now that it's done, I want to divorce her, will that have any effect on the case?

Sorry for the long message but I would truly appreciate you answer...THANK YOU!

[Attorney Howard Iken]

1. If she wants to file an answer to summons, will she have to physically be here in FL to file it with the court?

No - she can do it by mail.



2. How likely is it that she would get any alimony?

Not likely at all.



3. Should I take my bank statements and bills showing that I pay all the bills to the hearing?


If you want to - but I doubt the judge will be interested.



4. If she alleges I married her to get my green card and now that it's done, I want to divorce her, will that have any effect on the case?

No.



Attorney Howard Iken
Divorce Attorney

[rayray33]

Thank you much for your answer Mr. Iken.

I have one last question please. If she files an answer and when the hearing date comes, will she then have to be physically at the court house for the hearing or will she be able to attend over the phone from Illinois?

THANK YOU AGAIN!

[Attorney Howard Iken]

That is completely up to the judge.

In general, in a contested case where the hearing is 30 minutes or more the judge will not allow a telephonic appearance. But again, that varies by judge.

Attorney Howard Iken
The Divorce Center