Legal Question in Family Law in Florida

I recently learned that my husband of nine years is involved in illegal activities. We have two children that I am scared would be removed from our home. My husband then threatened that if I dont assist with his mother's visa application, he would file for divorce. I told him to go ahead, as I cant guarantee (as the app states) that I will reside in the home and provide financial assistance to help with her support for the next 12 months.

At this point I fear that our children would be removed from the home, should my husband be caught in what he is doing. How do I guarantee their protection? I am trying to file for divorce, however I am unemployed and cant get through to legal aid, and can not afford a lawyer.


Asked on 2/08/11, 7:02 pm

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

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. How much money does your husband earn each month (approx.)?

If you pursue the divorce, you can simultaneously pursue an Emergency Motion For Exclusive Possession of the Marital Home. In other words, have the Court throw him out of the home.

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.

If you prefer, I suggest just calling me late tomorrow morning, or early afternoon, at my Dunedin office. I will be in Court most of tomorrow morning.

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

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Answered on 2/08/11, 7:33 pm


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