Legal Question in Family Law in Florida

Re: infidelity

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Unless a court orders one party or the other to vacate the marital residence, neither has superior rights over the other to require him or her to leave. The only way you can force your husband to leave is by filing for a divorce and filing a motion with the court.

Sometimes, in a case like yours where the putative spouse is not abusive or violent, a court will allow the parties to continue to reside in the marital residence, albeit in separate rooms, during the course of the litigation. Nothing is guaranteed. Good luck.

Scott R. Jay, Esq.