QUESTION
If one spouse is given exclusive occupancy of the home, how can they get the other spouse removed?
Asked on Jul 31st, 2012 on Divorce - Florida
More details to this question:
After divorce my friend was given an order stating that she had exclusive occupancy of the home. The ex-spouse refuses to move and the local sheriff states that they cannot do anything to remove the ex-spouse even though the order gives the woman exclusive occupancy.
3 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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She can file a contempt and enforcement motion with the Judge. Alternatively, she can evict the other party.
Answered on Aug 07th, 2012 at 11:57 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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She needs to talk with the attorney who represented her in the divorce. If she had none, then she needs to make a motion to enforce and set a hearing with the judge.
Answered on Aug 07th, 2012 at 11:45 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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The police absolutely should enforce it, just as they should enforce every court order. She should file an emergency motion asking the judge to find the husband in contempt. Also, I suggest calling the Chief of Police and, if necessary, the State Attorney. There is no reason for a police officer to refuse to enforce such an order.
Answered on Aug 07th, 2012 at 11:33 PM