stay at home mum

[Carly282]

Jurisdiction

Florida

I have been a stay at home mum for the last 12 years. I run our self-storage business and 2 rentals (remotely) with no pay - this is in Maine. My husband works as a captain on a superyacht and is only home maybe 10%. We sold our house in Maine to be closer to him in FL. Sold the house in FL because it was too stressful. Lived on a sailboat in a marina. Then my husband said he wanted a divorce. Had to sell the boat (it's still for sale) because I could no longer find dockage and not marine system savy to do it solo, and was forced to move back to my home country in Australia because I have support here (I was a US resident). Is it better to try and get divorced in Maine or Florida? I have 3 kids (10,12, 14). Husband earns $280+k (plus free accommodation, all meals paid for, flights and bonus). He is sending me $6k per month. He has agreed to support us all 100% while I go to university to become a nurse. Can I still try for 60/40 assets when the alimony and child support are so high? If I go through the courts will they make it legal that he has to continue with the 6k / month or would they say a lot lower? The cost of living in Australia is expensive and I'm struggling to get a life started on that amount. I'm scared that if I don't go along with his terms he will cut me off financially. I would have to work for minimum wage in Australia because I haven't got up to date skills, it would be difficult to support 3 kids on that. I don't have enough left over at the end of the month to pay for a lawyer yet. We have assets but cash poor. My husband is out of the US and won't return there for a year, can he start divorce proceedings out of the country? He want's to divide assets now (small self storage and 2 rentals). A lawyer here told me that I need a US lawyer to do a settlement in the US and then I have to do a settlement here. What sort of advice can you give me? Thank you

 

[flyingron]

If neither of you lives in Maine, you can't file for divorce there. If he maintains Florida as his residence, you can file there (presuming he's been there six months).

You should contact an attorney in Florida, but with neither of you being physically in the state, this is not going to be easy.

 

[Zigner]

If neither of you lives in Maine, you can't file for divorce there. If he maintains Florida as his residence, you can file there (presuming he's been there six months).

You should contact an attorney in Florida, but with neither of you being physically in the state, this is not going to be easy.

I don't think Maine is relevant. It appears that the self-storage business is in Maine, but was being run remotely by the OP from Florida.

 

[zddoodah]

Is it better to try and get divorced in Maine or Florida?

Since it doesn't sound like either of you has been a resident of Maine for many years, that's not an option. Since you're no longer a resident of any U.S. state, you'll have to get divorced in Australia where you live or in your husband's state of residence (which appears to be Florida).

Can I still try for 60/40 assets when the alimony and child support are so high?

You can "try for" whatever you want. What you can reasonably expect to get is utterly impossible for anyone on the internet to predict intelligently.

If I go through the courts will they make it legal that he has to continue with the 6k / month or would they say a lot lower?

Again, no way for anyone to predict the outcome of things - especially since we're dealing with two potential courts, one of which isn't in the U.S.

can he start divorce proceedings out of the country?

Yes.

He want's to divide assets now (small self storage and 2 rentals).

What does "2 rentals" mean? Does it mean homes you own that you are presently renting to tenants?

A lawyer here told me that I need a US lawyer to do a settlement in the US and then I have to do a settlement here.

I'm not really sure what that means. The exact mechanism that you'd use to divide your self-storage place depends on how the business is structured. If your "2 rentals" mean rental real property/homes, and assuming they're jointly owned by the two of you, then dividing them would be pretty simple and certainly wouldn't require any action in Australia.

What sort of advice can you give me?

Not a lot. Your decision to move yourself and your kids halfway around the world - where you claim the cost of living is "high" - makes things much more complicated and expensive. I'd suggest a consultation with an attorney in Florida to get a plan in place. Otherwise, you can file in Australia and see if you can basically punt on asset division and support issues by keeping it informal.

 

[Carly282]

Since it doesn't sound like either of you has been a resident of Maine for many years, that's not an option. Since you're no longer a resident of any U.S. state, you'll have to get divorced in Australia where you live or in your husband's state of residence (which appears to be Florida).




You can "try for" whatever you want. What you can reasonably expect to get is utterly impossible for anyone on the internet to predict intelligently.




Again, no way for anyone to predict the outcome of things - especially since we're dealing with two potential courts, one of which isn't in the U.S.




Yes.




What does "2 rentals" mean? Does it mean homes you own that you are presently renting to tenants?




I'm not really sure what that means. The exact mechanism that you'd use to divide your self-storage place depends on how the business is structured. If your "2 rentals" mean rental real property/homes, and assuming they're jointly owned by the two of you, then dividing them would be pretty simple and certainly wouldn't require any action in Australia.




Not a lot. Your decision to move yourself and your kids halfway around the world - where you claim the cost of living is "high" - makes things much more complicated and expensive. I'd suggest a consultation with an attorney in Florida to get a plan in place. Otherwise, you can file in Australia and see if you can basically punt on asset division and support issues by keeping it informal.

Thanks for the reply. Yeah, by two rentals I mean single home dwellings that are rented out. Both of them are in my husband's name. The cost of living here is the same as living in Ft. Lauderdale FL. I consider it high because now I have no stable income. My husband told me to leave and go to Australia. He took a job circumnavigating so there were no US ties and I didn't have a house. I'll try and find a lawyer in Florida and get some advice from them. Thank you.

 

[Carly282]

If neither of you lives in Maine, you can't file for divorce there. If he maintains Florida as his residence, you can file there (presuming he's been there six months).

You should contact an attorney in Florida, but with neither of you being physically in the state, this is not going to be easy.

Thanks, yeah I think it's going to be tricky for the divorce but he wants to formalize the asset division right away.

 

[Carly282]

I don't think Maine is relevant. It appears that the self-storage business is in Maine, but was being run remotely by the OP from Florida.

So Maine is off the cards, I'll shoot for Florida then.