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How can I divorce my husband and keep my home while I'm unemployed?

Jacksonville, FL |
Filed under: Divorce

My situation: I am unemployed, but actively looking for a job, and I want a divorce. My husband and I have been married for xx years and have x grown children. We own a house that is on property that has been in MY family since xxxx. Exactly 2 months ago, in a fit of rage, with scissors in his hand, my husband told me to get out. It was 11pm, so I took my cat and went to my mother's house. The next day, I went back to my house. My husband threw a piece of chicken at me, threw the coffee pot against the wall, and told me that I wasn't staying there. So I went back to my mother's house. Every day, while he is at work, I go to my home and live there as though it is still mine. Before he arrives home in the evening, I leave. At this time he is purposely defaulting on our house payment

Attorney Answers 1

Posted

First, if your husband is physically threatening you, you need to contact the police when it happens and if you are in fear of your husband you have the right to file for a Domestic Violence Injunction. Per Statute, there is no filing fee and you can do this at your local courthouse. No one should live in fear of their spouse.
Second, there are provisions for alimony here in FL. It is hard to say what type of alimony you may be eligible for since the length of the marriage is a crucial factor. If the amount of alimony is great enough, the Judge may award you the marital home.
Third, most jurisdictions in FL have temporary standing orders requiring the parties to keep the status quo. If your husband has always paid the mortgage, he should continue to pay the mortgage and you can enforce this. First you have to file for Divorce.
Before doing anything, I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn your options. Good Luck.

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