AV Preeminent Peer Rated Attorneys
Fairfield Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Fairfield Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Fairfield Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Law Office of Kimberly A. Schulte, LLC

3.0
2 Reviews

  • Serving Fairfield, FL and Marion County, Florida

  • Law Firm with 1 lawyer

  • Family Law, Divorce, Custody, Child Support, Personal Injury

  • Divorce LawyersFamily Law, Custody, and 5 more

Kimberly Schulte
Divorce Lawyer
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Vanderlaan & Vanderlaan

3.7
3 Reviews

  • Serving Fairfield, FL and Marion County, Florida

  • Law Firm with 2 lawyers

  • Family Law, Civil Litigation, Criminal Law Personal Injury, and Estate, Trust & Probate Law.

  • Divorce LawyersFamily Law, Civil Law, and 61 more

Kris A. Vanderlaan
Member
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Looking for Divorce Lawyers in Fairfield?

Divorce lawyers specialize in the legal dissolution of a marriage. They guide clients through the complexities of dividing assets and debts, determining spousal support (alimony), and resolving disputes through negotiation, mediation, or litigation when necessary. These attorneys advocate for their clients’ financial interests to achieve a fair and equitable settlement or court order.

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Commonly Asked Divorce Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Would I have an issue including papers with the divorce papers for him to sign over his rights?

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Answered by attorney Robert Jason De Groot (Unclaimed Profile)
Divorce lawyer at R. Jason de Groot, P.A.
Yes, there are many issues in cases like yours, but as long as it can be worked out, there can be an uncontested divorce and a step parent adoption.
Yes, there are many issues in cases like yours, but as long as it can be worked out, there can be an uncontested divorce and a step parent adoption.

How can a spouse be removed from the home?

Cindy S. Vova
Answered by attorney Cindy S. Vova
Divorce lawyer at Law Offices of Cindy S. Vova, P.A.
    You don't mention whether there is a divorce filed or not.      Typically, it is difficult to remove a spouse from the marital home inasmuch as both parties have equal rights to reside in the residence.     Assuming there is no divorce filed, then the principal way that a spouse can be "removed" is if there is domestic violence, threats of domestic violence,  or stalking  or has endangered your safety.  If this is the case, most county courthouses have a domestic violence intake unit and they can assist you in filing the papers to obtain an order for protection against domestic violence, also referred to as an injunction.  If the spouse has a drug or acohol problem or a mental health problem that endangers his/her safety or the safety of others, you can also request that the person be confined to a facility for a limited period (72 hours) for treatment.  This is under the so called Baker Act or Marchman Act.  You can apply at the courthouse.  If a divorce has been filed, and there is no domestic violence, then you can file a motion for exclusive use and possession of the marital residence.  You need to have good cause as to why you should coninue to live there and your spouse should leave.  Does the spouse have another place to go?  Can the spouse afford another place?  ThHese are just some of the questions a court will inquire into before making such a decision.  Overall, if things are that bad between you, then maybe it is time for a divorce, and then, ultimately, either one or both of you will no longer live in the house or live together.   Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496 info@vovalaw.com      
    You don't mention whether there is a divorce filed or not.      Typically, it is difficult to remove a spouse from the marital home inasmuch as both parties have equal rights to reside in the residence.     Assuming there is no divorce filed, then the principal way that a spouse can be "removed" is if there is domestic violence, threats of domestic violence,  or stalking  or has endangered your safety.  If this is the case, most county courthouses have a domestic violence intake unit and they can assist you in filing the papers to obtain an order for protection against domestic violence, also referred to as an injunction.  If the spouse has a drug or acohol problem or a mental health problem that endangers his/her safety or the safety of others, you can also request that the person be confined to a facility for a limited period (72 hours) for treatment.  This is under the so called Baker Act or Marchman Act.  You can apply at the courthouse.  If a divorce has been filed, and there is no domestic violence, then you can file a motion for exclusive use and possession of the marital residence.  You need to have good cause as to why you should coninue to live there and your spouse should leave.  Does the spouse have another place to go?  Can the spouse afford another place?  ThHese are just some of the questions a court will inquire into before making such a decision.  Overall, if things are that bad between you, then maybe it is time for a divorce, and then, ultimately, either one or both of you will no longer live in the house or live together.   Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496 info@vovalaw.com      
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Who gets the house in a divorce?

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Answered by attorney Barbara Peyton (Unclaimed Profile)
Divorce lawyer at Peyton & Associates
It is not that simple. There is a formula for calculating these things. It is called the Moore-Marsden formula. If the down payment was made from husband's money he had before he married you or money he inherited (ie, separate property), he gets that amount reimbursed but you are entitled to reimbursement for about one-half of all payments made during marriage. But the math isn't that simple. You will need an attorney to help you calculate the Moore Marsden amount.
It is not that simple. There is a formula for calculating these things. It is called the Moore-Marsden formula. If the down payment was made from husband's money he had before he married you or money he inherited (ie, separate property), he gets that amount reimbursed but you are entitled to reimbursement for about one-half of all payments made during marriage. But the math isn't that simple. You will need an attorney to help you calculate the Moore Marsden amount.
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