QUESTION
What are my legal rights if I’ve been married for 10 years and separated for two?
Asked on Jul 14th, 2016 on Divorce - Florida
More details to this question:
I left the marriage due to infidelity. We have no joint bank account. However, things were purchased during our time of marriage. I left the residence. All my belongings are still there and have remain there for two years. I would like to get them. I would like to know where I legally stand.
4 ANSWERS
John Arthur Smitten
File for divorce, get the legal help you need.
Answered on Aug 15th, 2016 at 5:46 AM
2 Awards
In Florida there is no legal separation; you are still considered married and you cannot be locked out of the marital home; you should be able to retrieve your belongings; if locks have been changed, you can change them back. The cut off for what is considered a marital asset or a marital debt is the date that a petition for dissolution is filed. You may always reach an agreement first and then file for divorce. Florida is a no-fault state and so infidelity usually does not matter unless there is an issue as to dissipation of marital assets. You may also be entitled to some type of spousal support and fees - but that would depend on your need and your spouse's ability to make those payments. It would serve your interests to consult with a divorce attorney to explore all the options that are available to you. All the best.
Answered on Aug 12th, 2016 at 6:56 PM
My suggestion is that you consider going through the dissolution my way of doing mediation first and then filing for everything else. Good luck.
Answered on Aug 12th, 2016 at 6:56 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Can you arrange to go pick your things up? You might try that first, and also go see a family lawyer locally to find out more about getting a divorce.
Answered on Aug 12th, 2016 at 11:11 AM