QUESTION
How do you file for exclusive use of the marital home?
Asked on Aug 09th, 2013 on Divorce - Florida
More details to this question:
Over the last 10 years there have been several incidents of abuse. I have had my nose broken resulting in stitches knots on my forehead bruising on my torso black eyes and an incident of forced sex. I have put him in jail twice due to this but believed him when he said it would never happen again because it always did maybe months down the road but none the less it always happens again. Over the last 9 years of marriage I have been the main source of income with occasional help from the state with food assistance. I recently left the home and a few days later with the help of his mom got him to leave the residence and allow the children and I to return to the home with the agreement he would stay away only coming to the house to occasionally see the children while I was at work. The issue is he is entering the home whenever I leave, he shows up at stores I'm at and finds me out of the blue, drives past my friends houses daily, goes to my momโs questioning her every day believing he has the right to enter the home whenever he wishes which goes against our verbal agreement. He wishes to reconcile while I do not but can't afford to pay for another place to reside with our children and he has no income to maintain the home.
3 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You file for divorce and ask the Court to grant you and your children exclusive use of the family residence.
Answered on Aug 13th, 2013 at 7:43 PM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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Your Attorney should file a Motion for Exclusive Occupancy.
Answered on Aug 13th, 2013 at 7:34 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File a Petition for Dissolution of Marriage, a request for Exclusive Use is part of the Petition. If the physical abuse has been recent you can also file for a Domestic Violence Injunction and make the same request.
Answered on Aug 13th, 2013 at 10:10 AM