EP 9: Can I Kick My Souse Out of the House? – FESCH.TV

FESCH.TV INFORMIERT:

In this video, Florida Attorney, Sergio Cabanas tells you the grounds on which you are permitted to kick your spouse out of the house. He has outlined this topic in a brief 60- second overview to provide you with important information in a concise fashion.

Para la version en español:
¿Puedo echar fuera de la casa a mi cónyuge?

***Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.***

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The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Post-nuptial Agreements, Domestic Violence, and Post-Divorce Related issues. Our firm has a unique mix of attorneys and accountants, bringing a great deal of firepower in analyzing our clients’ legal and financial situations.

We have Florida law offices located in:

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and
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Sergio Cabanas, Esq. has been practicing law since graduating from Washington College of Law in Washington D.C. in 1991 and is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court since 1992.

If you are looking for a law firm that’s all about you, you’ve come to the right place! At the Divorce and Mediation Law Firm, we know how important it is to find the right lawyer. You want reliable, effective, experienced legal professionals you can trust, who are committed to achieving the best possible results for you. Your decision to choose our law firm would be a great honor and responsibility we would take very seriously, every day. We have built our reputation, not on fancy marketing schemes or catchy radio jingles but rather from a long list of client referrals and faithful returning clients who seek personal legal services.

CONTACT the Divorce and Mediation Law Firm in Pembroke Pines, Weston, and Sunny Isles Beach, FL at 954-447-2580, if you have a legal concern and we can provide you with effective legal services to achieve the best results possible.

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Today’s question is: „Sergio, my relationship with my spouse has really been deteriorating. We have constant arguments, constant confrontations, and it just creates a very toxic, ugly relationship and atmosphere that is now starting to affect my health and well-being as well as the health and well-being of my children.“
„So, tell me, what can I do to get my spouse out of the house once and for all?“
Well, if you think about it, under Florida law, the home that you and your spouse occupy is considered the marital home. By virtue of being the marital home, both spouses have the right to be in the marital home. So, neither one has a superior right over the other regardless of who’s right and who’s wrong and whoever’s opinion.
So, the bottom line is, under Florida law, you don’t have any right to evict your spouse from the house. In fact, you don’t have the right to evict him or her out of the bedroom. That doesn’t necessarily mean that legally you are obligated to remain in the house and submerge yourself in this toxic atmosphere if you really don’t want to.
You have the right to leave. There is one exception that relates to domestic violence. If your spouse has committed some kind of physical violence towards you or has threatened to use physical violence towards you, and we have evidence to that effect, you can get a restraining order, which may serve to have your spouse removed from the house.
Initially, the restraining order will work on a temporary basis until the court is able to have a hearing to determine whether or not the restraining order should remain in effect on a more permanent basis.