Asset's & Spousal support

Let me start by saying "Hello" to forum,first time here. Wow where do I start.Wife and I have been together for 12 yrs married 6. She left,I filed for divorce.Last 4 yrs have been really bad. I have been sick for some time.On disability for back ,end stage cirhosis.I petitioned the court ( Marion cnty Fla.) to retain house ,vehicle and spousal support-all except her personal belongings.I will assume payments.She had 20 days to reply and did so on the 21st day with a letter some lawyer wrote up.She denies spousal support and wants to sell or auction off the house and truck to highest bidder and leave me with nothing I guess , because the most that would happen is to break even on both. My health is not an issue as far as she is concerned or the fact I am on a fixed disability income.She wants to split assets and walk away.I did everything around here.She has treated me like something you scrape off the bottom of your shoe for 4 yrs.For no apperent reason.Will the court actually grant her that request or require me to give her something for the house. That truck is mine no question..! There is a hearing set for temp support and stay of residence in about 30 days. This is the last stop for me.Have no where else to go.No family no friends.This is it. Right now she is living right next door to her mother in one of her 5 rentals.Grandkids are right down the street too. (My step grandkids) They hate their real grandfather and I havent seen them in over a month.I have no kids and waited till I was 40 to get married Do I have any rights to them...? Does anyone have any answers...? All right I've said enough. Mr. Ron

I am sorry for your health problems and the problems you have had regarding the same.

In this case you need to separate the law from what is morally right, or what you feel is fair. First of all, there is no way to predict what will happen in court. There can be thousands of factors that enter into a judges decisions, so I would get an attorney to represent you to make sure your interests are represented.

If you were married and did not have a prenuptial agreement, most judges consider the property jointly owned if you live in a community state. This means he MAY order the sale of everything jointly owned and have the proceeds split between you. However, given your health problems, etc. he may do as you say and allow to to retain certain items and pay her for the value of half ( if you are in a community state and these are items obtained during the time of the marriage).

Also, the fact that she treated you badly really isn't relevant in a court of law in this type of hearing. Virtually everyone that is divorcing feels as though the other party treated them badly. I am not saying she didn't treat you badly---I am just citing there isn't any legal relevance to this cause of action. The same with the hating the grandfather---that is really sad, but it doesn't have anything to do with the law in this case, per se.

Regarding the children--if they were not yours, and you did not adopt them it will be hard, if not impossible to assert any claim over them. In some states, step parents rights have been upheld, but that type of thing has been ground breaking, and generally in most states, not recognized. Of course, there are exceptions--such as the step children never knew their "real" dad and you were their sole support, etc. but then you could be ordered to pay child support. You really need an attorney to walk you through that mine field.

Good luck.

Thank you Grace.But I cant afford a lawyer. I'm having a hard enough time payin the bill's on my income.The first hearing is for spousal support only at this time.So I stand to be left out in the gutter with nothing if she gets what she wants.I cant see that a judge in the world that do such a thing. I cant see how a lawyer would help anything but put me deeper in debt, and we havent even addressed her keeping med.coverage on me. Without it I will surely meet an untimely death. So the wife decides she wants the monkey off her back (me) and thats it. She got the job and the money for a lawyer and I have to find a cardboard box to die in....?

Of course not. The court considers the earning capacity of both parties, their health, etc. Have you tried to get in touch with legal services? There are free or low cost services available in virtually every town and if you qualify, you can get representation for free or very little money.

If you are penniless, and she has rental property, and money, why would you have to pay her support?

I hear this sad stuff all the time. It is heartbreaking truly! One way or another however you simply cannot go at this without a lawyer. That is basic madness. Ultimately you can get lots of your legal fees paid by your spouse if they are the superior income earner and in the interests of justice. As for much of what was written here in this post, see a therapist first and deal with the emotional aspects because in the manic state you can't think clearly which is bad news.