Legal Question in Family Law in Florida

Re: Husband cheating, can I get him out of house?

Remember Florida is a no-fault divorce state-"marriage is irretrievably broken" is the ground.

Get your attorney and file. He can set a hearing for Temp possession of the home and temporary custody and support.

Re: Husband cheating, can I get him out of house?

No way to get him out. File for divorce and set a temporary relief hearing and see if Judge will order him out.

Re: Husband cheating, can I get him out of house?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Both parties have equal rights to the marital residence, unless and until a court makes a determination as to temporary possession. Either one of you can file a divorce and then ask for possession of the residence. It will be up to the judge to make a decision although, often the residence will be awarded at least temporarily to the spouse with an infant.

Scott R. Jay, Esq.