Legal Question in Family Law in Florida
Leaving home first
Hello,
My husband and I are not getting along at all..we've been trying to work it out for almost 3 years, but no luck.
I believe we both want to get divorced, but we're scared of taking the first step. I had left the house 2 years ago, and came back to patch things up and try again. I want to leave the house and he wants me to stay at my parent's cause he says he needs time!!!But I don't know if by me leaving the house with our 3 year old son..would make it look as abandonment or not? Or if he's asking me to stay at my parent's to use it against me later in court. Next week on my day off, I'm planning to go a legal aid office. However, I just can't stand the situation anymore. He's playing mind games and along with his family they are making up lies about me. Would you please help me? I need to know if I can leave the house this weekend or not..or start working on the divorce papers and then leave... I appreciate your attention to my situation.
Desperate
1 Answer from Attorneys
Re: Leaving home first
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.
There would be no problem if you decide to leave your residence. The Courts in South Florida will not hold it against you or even take it into consideration. In fact, you would be encouraged to do so if you were living in a hostile environment.
I strongly suggest that you meet with an attorney prior to doing so, however. They attorney will be able to advise you on several steps that you might take prior to leaving that will make the filing of the divorce easier and faster including papers you should take from the residence.
If you cannot afford to hire a private attorney, you may wish to call the lawyer referral service at the Florida Bar at 800-342-8060 for a referral for an inexpensive initial consultation - even if you plan to later look for pro bono services.
Scott R. Jay, Esq., 305-249-8000
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