Legal Question in Family Law in Florida

Asked spouse to leave the house because he had abandoned myself and his daughter for 7 days and is unfaithful and is never home during th night hours. he states he will not leave and he is not going to give me a divorce. what can i do


Asked on 2/24/13, 5:05 pm

3 Answers from Attorneys

John Smitten Carey and Leisure

You have to file your case asap and file a motion to have the husband removed from the home. Contact my office for free consultation 727-446-7659

Read more
Answered on 2/24/13, 5:11 pm
Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

You can file for dissolution of marriage and a motion to have the spouse removed, but you need to be prepared that unless there are issues of domestic violence, or your families safety, if Husbands name is on mortgage, note or if you don't own the home, the on the lease, you might not be successful in having him removed. You could suggest that you be given temporary exclusive use and possession of the house for the benefit of any minor children, but again, often Courts won't force one parent or the other out of a home they own or lease, just because they are filing for divorce unless there are issues of someone's safety is at risk. Please be careful about paying for services until you completely know your rights or options and the likelyhood of a successful outcome.

My office is located at Bradenton, FL and I have 15 years in domestic violence and child abuse family law. My office offers a comprehensive and honest consultation for $75.00

Read more
Answered on 2/24/13, 6:35 pm
Natalie Hall The Law Office of Natalie D. Hall, P.A.

He does not have to "give you a divorce" If you are a resident of Florida and you feel the marriage is beyond repair (irreconcilable) you can file for a divorce. If he does not file an Answer to the Petition after you serve him you will be able to obtain a default judgment and get your divorce.

If his name is on the deed, you cannot just make him leave. You will have to ask the court to allow you exclusive possession of the home pending the divorce and after the divorce. Once the court orders him to leave he will then have to comply.

Meet with an attorney for guidance and assistance with your dissolution process.

Natalie Hall, Esq.

www.ndhlaw.com

(407) 412-7035

Read more
Answered on 2/26/13, 8:55 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida