QUESTION
Can my spouse just kick me out of our house without attending the court?
Asked on Mar 04th, 2014 on Divorce - Florida
More details to this question:
On Friday, February 28, 2014, my spouse in a sandwich shop, with a suitcase of my clothes told me she wanted to end the marriage. When I told her she just up and throw me out like that, she said she had talked to the cops and they told her she could. I called the cops and happened to get the officer she talks to and he stated that he had told her she would have to go through the courts. When I told her she was wrong she threatened me with domestic violence. Can I stay at the home until we go to court?
4 ANSWERS
Yes, you could. However with this volatile situation you are at risk of her fulfilling her threat of accusing you of domestic assault. You should probably have someone else around to witness your interactions to protect yourself. Further a divorce court can make a temporary award of your home to you upon a good showing. You should talk to an experienced attorney as soon as possible.
Answered on Mar 10th, 2014 at 5:16 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally a spouse cannot just throw you out like that ... unless she gets a court order...to get a court order she must show potential of immanent harm .... thus the threat of domestic violence report So go home but try to get a hidden recorder or movie camera to record her statements.. so if she tries you can counter her accusations. the above said if you can afford to leave do so..why would you want to stay in that situation?
Answered on Mar 06th, 2014 at 9:32 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Until there is a court order then you can stay there, but why would you want to. I would begin to find another place.
Answered on Mar 05th, 2014 at 10:58 PM
No, she cannot through you out of the house just like you described. The police officer was correct, she will have to go through the Courts.
Answered on Mar 05th, 2014 at 10:57 PM