Legal Question in Family Law in Florida

I have a divorce pending, my husband doesn't wanna leave. He's jobless because of his anger issues he couldn't hold a job. He demands to get the custody of our 2 minor children. He tries to make me sign an agreement. How can I get this divorce hurry up and be done. Is there a way to kick him out the apartment even if we both have our names on the lease?


Asked on 10/16/19, 7:55 am

3 Answers from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

Only a judge can order the things that you want. Get a divorce lawyer and get before the judge for decisions.

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Answered on 10/16/19, 9:24 am
Robert McCall Law Office of Robert McCall

Sorry for your pain but it sounds like you are trying to do this without assistance, nothing but "water cooler law". Would recommend you seek professional help; most Clerk of Court offices have a person titled "Pro Se Coordinator" who is not an attorney but can render assistance, also consider your county Legal Aid office or other clinics.

1. Child Custody does not depend on what you or your spouse want, the Judge must make a decision as to what is in the best interest of the minor child; if you were to sign an agreement the Judge make decide that is not in the best interest of the children and throw it out.

2. Family Home, Florida only allows an involuntary removable for very limited grounds, just because one party cannot stand the other is not enough There must be a specific reason, for example Domestic Violence, violence toward a child. See Florida Statute Chapter 61 for a list.

3. Time for Trial, totally at courts discretion, most Florida Family courts are backed up due to excessive case loads. In my jurisdiction a twelve month wait, or longer, is not unusual. Nothing will happen until one party files a document titled "Notice for Trial", that tells the Judge to place the matter on a trial docket.

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Answered on 10/17/19, 6:20 am
Lucreita Becude Lucreita D. Becude, P.A.

Mr. McCall has given you excellent advise. However, you should also get your Petition for Divorce filed ASAP and ask for a Temporary Needs Order removing the husband from the home/apt. If he is being abusive toward you and the children, that should not be a problem. That can be done almost immediately through a magistrate hearing. You can also obtain child support at that time as well.

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Answered on 10/17/19, 8:24 am


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