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Mar 06
2003
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Ask a Lawyer: Can she force me to leave my house?Posted by: Dads Divorce on Mar 6, 2003 Tagged in: Visitation , remove , Property , Parenting , marital , jurisdiction , home , forcibly , FL , custody , Children , Ask A Lawyer
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Question:
My wife of 13+ years has decided she wants a divorce. We have 2 kids together, a boy 10 and girl 11, who are the center of my universe. What I need some serious advice about is that she has made it clear that she expect me to move out. Is there anything she can legally do to force me to leave? I mean it's her idea to split up and I actually owned our house long before we got married even though her and my name is on it now. This question is not about retaining ownership of the property. It's about staying with my kids as long as I can. I'm just concerned she will force the issue if she can.
Answer:
I cannot answer your question specifically to the laws of Florida as I am not licensed to practice law in that State. Some jurisdictions have the ability to seek temporary orders to move a spouse out of the home. Usually those orders are due to violence or mental abuse that is damaging to the children. So long as she doesn't abuse the system (fabricate the truth), then it will be difficult for her to remove you. However, know that this is very specific to the individual judge as well as the state so I suggest you seek counsel as soon as possible.
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