QUESTION
Can I force him out of the residence at the same time being served divorce papers?
Asked on Jan 20th, 2014 on Divorce - Florida
More details to this question:
We moved into our rental on January 19, 2013. I am filing for divorce February 2014. He has a teenage daughter from a previous marriage. The rental agreement is in my name only, his or her name are not listed.
4 ANSWERS
John Arthur Smitten
You have to get a court order to kick him out.
Answered on Jan 24th, 2014 at 7:09 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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In short, generally no, you cannot, unless there has been domestic violence in some form, and even then, possibly not, because you are married and there is a child involved, even if it his child from a previous relationship. You may want to consider looking into doing a collaborative divorce in a situation like this, which generally is more cost-effective and time-effective than a litigated divorce.
Answered on Jan 23rd, 2014 at 9:31 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Well it is possible to get temporary exclusive use and possession, but usually only at a temporary matters hearing. You will need to hire an attorney for the divorce, and it will not be inexpensive. The best way to resolve the issues in the divorce is by agreement with him. You are forced to go to mediation, anyway, at which the issues will be discussed and settlement negotiated. If you choose to fight over just one issue, the divorce can cost as much as you have to pay your attorney for the fight. There are many things that have to be done.
Answered on Jan 23rd, 2014 at 9:30 PM
The only way you can force him out is through a legal Eviction process.
Answered on Jan 23rd, 2014 at 8:58 PM