Divorce advice

[helbel34]

I've been married for 10 years, separated for the last 2 years. We have 3 dc, that live at home with me. Before we where married I had bought my house and had paid it off using money that my mother left me. I still live in the house with the dc my stbx lives in his own rented flat. I am worried about what will happen when we divorce. Would I have to give him any money, I can't afford to buy him out and I have the children living with me.

Also we where married in Florida at the time it was just us and our 2 dcs, there was just the registrar and the photographer present at the ceremony, they said that they would have to get another adult that was not present on the day to sign as a witness. So I'm actually unsure if the marriage is actually legal. Hope someone can advise me.

Do you have a marriage certificate? You were asked this in divorce and you didn't reply. This is critical information as to whether your marriage was legitimate or not.

I have the licence, and it is signed by the registrar and 2 witnesses not an actual marriage certificate, When I took this to the bank way back to change my name over they wouldn't accept it. I was however was accepted to change name on my passport. This was the only document I was sent.

The usual assumption is that all assets of a long term marriage are divided 50:50. If that applied to your situation the house round need to be sold to release the money for both of you. However I am unsure how that applies when you owned the asset in advance of the marriage. Get legal advice quick!

The usual assumption is that all assets of a long term marriage are divided 50:50

No, that is absolutely not the usual assumption. The priorities are to meet the reasonable needs of both parties and achieve a fair split. That may be 50/50 but there are a range of factors taken into account. The OP may be entitled to more or less than 50%.

OP - according to flgov.com, which appears to be the website of the Governor of Florida, although the marriage certificate has space for two witnesses to sign, witnesses are not actually required by law. So my guess is that you are legally married. If you want to check it seems you can search for your marriage record at www.myfloridacounty.com/ori/index.do.

Regarding what will happen to the house, you need to consult a solicitor. No-one on here can give you any idea what kind of settlement would be likely.