Describing all of your rights in one response would take hours. If you are seeking a divorce you should consult with an attorney in your area that handles divorces, and schedule a consultation to discuss your rights and options. You obviously will have to address distribution of any property, spousal support, time sharing with the children, child support, just to name a few.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
You should consult with a local attorney in your area who can describe the divorce process to you. In addition, if you feel that you or your children are in harm you should seek a safe and confidential locale. If you don't have friends or family who you can stay with, many areas have women's shelters that are designed to house and help women and their families in situations similar to yours.
Contact through this site alone does not establish a client lawyer relationship. This information is not to be used as a substitute for consulting with an attorney. I or any of the attorneys at longwelllawyers would be happy to give a free consultation. Call 407-426-5757. Longwell Lawyers
You should contact an attorney as soon as possible to know your options prior to placing yourself in a position of possible danger. Things to consider are a domestic violence injunction (if the facts warrant one), and a motion for the temporary exclusive use and possession of the residence pending the divorce (if you desire). As for child support and custody, those issues should of course be discussed with your attorney as well, but of paramount concern is that you take any available measures to ensure your safety pending the resolution of those issues. Best wishes.
You should also contact the spouse abuse hotline/shelter in your area for advice. I know that sometimes physical abuse also includes financial abuse, and he may be making it hard for you to leave financially. If there has been a police report for physical abuse filed within the last thirty days, some women't shelters have the ability to provide financial assistance for you to obtain new housing. Also, it is crucial for you to work out a safety plan if you are planning to leave, and the shelter can help you with this. Leaving is the most dangerous time for women, so you need to have a plan. When you do file, either for a divorce or an injunction, if you can show that he has been abusive, particularly in front of or in ear shot of the children, you may be able to restrict his visitation with them if you feel that he would harm them. If his anger is only directed at you, and it has not been harmful to the kids, then you should encourage them to have continued contact with him.
Here is a link to women's shelter/resources in Zephyrhills area.
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