Legal Question in Family Law in Florida

I have a sister who has been married for approximately 6 months. Husband is an alcoholic and causing chaos. Keeping it simple, she is not happy and wishes for a divorce. They both live in a home (that she owned before they married), so question is, what liability would she have by leaving the relationship. And how would she go about removing him from this residence? Any assets owned by my sister such as vehicles, furniture, cash, or any valuables in her ownership, would these become partial property to the soon to be divorced husband?


Asked on 1/14/11, 4:19 pm

2 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

If the marriage is over, then it is over. In that case, she should file for divorce.

If she never put him on the deed, the house should be hers. Generally, any property acquired during the marriage is considered marital (50% 50%). The same applies to debts.

As they weren't mentioned, I assume there are no kids.

Alimony might be an issue. That is dependent upon the parties' comparative financial resources/needs, and the length of the marriage. The marital lifestyle is also a factor.

Until the Court grants her sole and exclusive possession of the home, she can't force him from it.

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.

If she opts to proceed without the assistance of counsel, be aware that she 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 her situation falls within the Greater Tampa Bay area, I would be happy to schedule her 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.

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Answered on 1/19/11, 5:22 pm
Elliot Goldstein Law Offices of Elliot Jay Goldstein

My original response didn't note the short-term of the marriage. Since they were married for only 6 months, I doubt the Court would order any significant alimony, if any.

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Answered on 1/19/11, 5:49 pm


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