|
1. Can I get a legal separation? No. Florida does not have legal separations. However, you can file for support unconnected with a divorce under certain circumstances. Sometimes, however, your spouse will then respond with a divorce petition. Once either of your has filed for relief in court, a lawsuit has begun between you and your spouse. 2. Does it matter who filed first or who wanted the divorce? No. In determining the financial outcome of your divorce and where your children will live, the law does not take into consideration who wanted the divorce or who filed first or even who stopped trying to make the marriage work. 3. Will my spouse be forced to move out of the house or if I move out of the house, is that "abandonment"? If there has been no violence in your marriage, the court may allow both of you to live in the house while the divorce is pending. You are always free to move out, but it could be that the court will not let the children move out if custody of the children is being contested. You may not lock your spouse out of the house unless the court gives you the exclusive possession of the house. There is no such thing as "abandonment" in Florida divorce law. 4. Does the mother have to be unfit for the father to get custody? At what age can my children choose where they want to live? No. Florida law is gender blind when determining where the children will live. The children’s age and gender is likewise irrelevant. The children’s preference is only one of many factors the court considers in determining where the children will live. Children, are, after all, children.
5. Can we both use the same lawyer? No. if there is only one attorney, one person is represented and the other person isn’t. An attorney cannot represent both of you.
|
|
THE LAW OFFICES OF ANDREW MERLO, P.A. |
