Legal Question in Family Law in Florida

If the marriage is over, then it is over. In that case, file for divorce. If he is violent, or threatens you physically, file for a Temporary Injunction for Protection from Domestic Violence. You can find the forms on line. You might not even need an attorney for that. You can also get the forms from the Court Clerk.

If a temporary injunction is not pursued, and if you have the financial resources to do so, moving out would be an option. 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. You both have an equal share of the home. It does not matter if the home is solely in his name. This also assumes that you did not sign over your interest in the home

Depending upon you comparative financial situation, and the length of the marriage, he might have to pay you permanent alimony. You certainly have a long-term marriage, which is more than half the battle to get an alimony award.

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/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.