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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27254
Experience:  Attorney with experience in family law.
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My husband and I are talking about divorcing. We live in

Customer Question

My husband and I are talking about divorcing. We live in Manatee County, FL We live in a 4 bedroom home, just the two of us. He has been very hostile and last night I almost called 911. I need to know if I can declare one of the bedrooms as my own personal space. He decided to come into the room I have been sleeping in alone and harass me practically all evening. He wouldn't leave and I ended up sleeping in another bedroom in order to get away from him. I can't live with this man if I can't have a private area to get away from him. Do I have any rights?
Submitted: 6 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 6 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening.

If your husband threatens you or attempts to harm you, you have a right to call the police immediately. That's domestic violence. Police can take him away and you can get a restraining order if he hurts you or tries to hurt you.

The grounds for divorce in Florida is that the marriage is irretrievably broken and cannot be repaired. You do not have to live apart before filing for divorce on this grounds. So what you can do is file for divorce, and at the same time, file a Motion for Exclusive Use and Possession of the Marital Home. That means explaining to the judge what your husband is doing that makes you feel unsafe, and asking that your husband be ordered to live elsewhere until the divorce is finalized. If you have minor children, you're allowed to file a motion for temporary custody at the same time.

The other option, if you feel your husband might hurt you before he has to leave, is to move out yourself and go to a safe location. Doing this DOES NOT relinquish any of your rights to the house, although you might want to take any personal items of high sentimental value with you in case he causes problems when you try to get back in.

The state has forms for starting a divorce available on their website.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

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