Legal Question in Family Law in Florida
divorce and personal property
My wife has takewn a female lover and is divorcing me. I am away with the kids in ohio and she has removed items form our home without discussing them with me, such as furniture. We were supposed to see a mediator but on advice from her lover, has taken items and moved into another home she has rented. What recourse do I now have to get the tems returned until the divorce has taken place?
2 Answers from Attorneys
Re: divorce and personal property
Not too sure what the tie-in is to the furniture and the female lover, but, as the divorce is filed, there will be a time for an accounting of the marital assets and the marital debts. Make sure that you list and bring to the court's attention (and/or the mediator) the items that have been removed. The court will level the playing field. Thank goodness there is no dispute as to the childrens' custody.
Re: divorce and personal property
It is not clear whether a divorce action has been started as you refer to a mediator. If you have started a dissolution action, then the Court can and usually does, schedule a mandatory mediation. At that time you can request a return of some or all of the items.
If you have not started a dissolution proceding, you should seek counsel as you should not resort to self help, example-going to her new residence to get the items back. The best recourse is to go to Court.
Keep in mind that the Court will look at where the children are living to determine which parent needs certain items from the house.
If you have any further questions, please feel free to e-mail me your phone number.
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