Legal Question in Family Law in Florida

I live in florida and me and my spouse sperated in March, I moved out with the kids. we have not filed anything yet. can he have me arrested for kidnapping? If he can, then can I move back into the house were we resided together since my name is one the morgage?


Asked on 7/08/10, 10:12 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

You have not filed anything, so both of you have access to your children. As far as moving out, you can move back in anytime. Florida does not care in you live in the house until the divorce is final, then one of you should leave. I suggest you file a Petition for temporary needs, requesting theuse of the house and the furnishings and thereby requesting him to leave. IN the temp needs, you can ask for support, child support etc.

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Answered on 7/08/10, 2:42 pm


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