Legal Question in Family Law in Florida

My husband and I recently separated. To my surprise he moved out on me and our kids. He tells me everything will remain the same and he just won't live at home. We have been married 24 1/2 yrs. I have been a stay at home mom and have had to rely on him for my financial stability. What should I do to protect myself?


Asked on 6/13/11, 11:26 pm

2 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

I suggest immediately making copies of all financial records that you can.

If the marriage is over, then it is over.

While you do not need to pursue a divorce to get alimony and child support, if you opt to do so without filing a divorce, and then later the divorce is filed, there would be considerable duplication of attorney effort and attorney fees.

How old are the kids?

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 others 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. However, you will still have to come up with an initial retainer.

What are you comparable financial positions? How much does he earn? How much equity is in the home? Was the home purchased during the marriage? Is there any investment and/or retirement accounts?

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.

The above information is provided without any consideration/payment having been received, 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 Dunedin, with a satellite location in Tampa.

Feel free to Google me.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 6/14/11, 3:08 am
Lucreita Becude Lucreita D. Becude, P.A.

Mr. Goldstein has laid out some really good points for you to consider. I suggest you contact a family attorney ASAP. No one moves out just so - you might hire a private investigator to find out why. Those extra assets to support him outside the family home may be because he is supporting someone else. Also in this day and age it is not uncommon to find that his gender relationship may have changed. Get moving and good luck.

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Answered on 6/14/11, 6:07 am


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