Legal Question in Family Law in Florida

Re: Divorce because of emotional abuse

Your situation sounds like it might have progressed to the point where you need assistance immediately. I would need to speak with you briefly to understand what your situation in greater detail. There are community resources available in each judicial circuit in Florida to assist women in your situation. However, I would suggest you e-mail me a phone number and a time to reach you at that number before taking any actions or seek the advice of another attorney.

Re: Divorce because of emotional abuse

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Emotional abuse is a common cause for a dissolution of marriage. If you feel the need, you can move from the residence. It will not be considered abandonment by a court. You cannot secret the kids away from the father, however. If you truly feel threatened, you can apply for a "stay away" order in a domesticate court. You can call your local court and they will give you advice how to do this.

If you do plan to file for divorce, you should consult an attorney who can assist you in this process. You will be able to seek temporary support for yourself and your children pending the outcome of the trial. Good luck.

Scott R. Jay, Esq.

Re: Divorce because of emotional abuse

If the marriage is over, then it is over. In that case, file for divorce. If he is violent, or threatens you physically, then do not wait for an attorney. Just file a Temporary Injunction for Protection from Domestic Violence. You can find the forms on line. You can also get them from the Court Clerk. If a temporary injunction is not pursued, and if you have the financial resources to do so, then moving out would be an option. As soon as one party takes the kids, the other will likely run to the Courthouse. Therefore, you might want to have a divorce case established first. If you move out, the Court may say you voluntarily assumed responsibility for the additional expense of starting a new household. As long as you file for divorce within a reasonable period of time from moving out, the Court will not likely give him a stronger interest in the home. This assumes that the home was purchased during the marriage. If you are awarded primary residential custody of the children, he will have to pay child support. Depending upon you comparative financial situation, and length of the marriage, he might also have to pay you alimony.

In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, do not assume that you will not be able to afford to retain an attorney.

The above information is provided without any consideration having been provided, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Largo, with a satellite location in Tampa.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.