Legal Question in Family Law in Florida

If you can save the marriage, then attempt to do so. If the marriage is over, then it is over.

Until a judge says otherwise, both parties have an equal right to the home.

Until a judge enters an Order stating otherwise, either party may take the kids. However, if either party moves with the children, the other party might run to the courthouse alleging that the reason for the move was to frustrate their relationship with the children. In that type of situation the Court would likely be facing what is commonly referred to as a "swearing contest".

Depending on the length of the marriage, and your comparative financial positions, you might be entitled to alimony.

You will probably also be entitled to child support.

Depending upon the parties comparative financial positions, the Court has discretion to hold one party responsible for the other's attorney fees and costs.

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

You could also go ahead and file for divorce, then also file for Temporary Needs of the Home, Furnishings, Vehicle and Temporary Support. This would remove him from the house.