Grounds for divorce/seperation

I live in Florida, have been a resident here since birth. Husband is also a native resident of Florida. We were married in Clark County Nevada (Vegas) 4 years ago.

I'd like to know legally what are the acceptable grounds for divorce in the state of Florida? I have been very unhappy in my marriage due to verbal abuse and controlling behavior. There has been no physical abuse. We have 2 children. I want to end the marriage, but he will not vacate the house. He tells me that I must leave. Is there any way to force him to leave the residence? I do not want to disrupt my children's lives (school, daycare, etc) any more than necessary. Why is it fair that he gets to stay and I have to go at the expense of the children? I cannot get him to attend counseling of any sort, he says I need a shrink, not him.

I'd like to know what my options are. We purchased our house after we were married. We have a joint checking account. We do have some joint credit but most of it is his or mine. I'm in the fact gathering stage currently. Any advice?

reads said:

I live in Florida, have been a resident here since birth. Husband is also a native resident of Florida. We were married in Clark County Nevada (Vegas) 4 years ago.

I'd like to know legally what are the acceptable grounds for divorce in the state of Florida? I have been very unhappy in my marriage due to verbal abuse and controlling behavior. There has been no physical abuse. We have 2 children. I want to end the marriage, but he will not vacate the house. He tells me that I must leave. Is there any way to force him to leave the residence? I do not want to disrupt my children's lives (school, daycare, etc) any more than necessary. Why is it fair that he gets to stay and I have to go at the expense of the children? I cannot get him to attend counseling of any sort, he says I need a shrink, not him.

I'd like to know what my options are. We purchased our house after we were married. We have a joint checking account. We do have some joint credit but most of it is his or mine. I'm in the fact gathering stage currently. Any advice?

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~~~Most divorces in Florida are obtained on the grounds that the marriage is "irretrievably broken." Or of "mental incapacity" of one of the parties, for at least 3 yrs before filing for the divorce.
If children are involved, the parent who spends the most time with the kids, or provides their primary care, usually remains in the marital home with them. Also, Florida is an "equitable distribution" state each spouse is entitled to an equal share of the property accumulated during the marriage at the end of the marriage, regardles of which spouse earned a greater income during the marriage. The liabilities of debts of the parites accrued during the marriage are subject to equitable distribution.
All joint accounts or debts are both your responsibilities....any separate debt is that persons responsibilities.

You do not need "grounds" to get a divorce in FL. Florida is a NO-Fault divorce state.

So is there a way to get him out of the house legally prior to filing for divorce? Or is divorce the only way to get him out?

Also, what is the first step? I have no idea how to even go about this....

Here is a site you can take a gander at concerning divorce.

http://www.flsenate.gov/Statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0061/Sec052.HTM

For the property issue see site:

http://www.flsenate.gov/Statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0061/Sec075.HTM

As far as forcing him to leave..Short of him beating you to a pulp, then you taking a protection order out and asking that you keep residence of the house....I don't see how. I would NOT suggest you provoke him!....Consult an attorney in your area.

http://www.divorcesource.com/info/divorcelaws/florida.shtml

There are many sources of information on the internet. I posted one site above.

Regarding the move-out issue, unless there has been abuse, I suspect it would be very difficult to get him to move out.

I agree with sticky about consulting an attorney.

If the neither of you agree to move out...the court will decide who moves out. That is why you need an attorney. Being you have minor children, the courts do not want to distrupt their schooling or living arrangements, so they will make that decision for you taking the childrens best interest at heart.

Well that's good to know about the courts. I have contacted an attorney, but sounds like I'm going to have to save up some money first. That will be difficult since husband controls the finances and knows exactly how much my paycheck is and we rely on it heavily for our bills (I make more income). I will have to figure something out or just be stuck.

reads said:

Well that's good to know about the courts. I have contacted an attorney, but sounds like I'm going to have to save up some money first. That will be difficult since husband controls the finances and knows exactly how much my paycheck is and we rely on it heavily for our bills (I make more income). I will have to figure something out or just be stuck.

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~~~If divorce is what you want...you will find a way to manage. Trust me, things always work out in the end. Good luck

If divorce is what you want...you will find a way to manage. Trust me, things always work out in the end. Good luck

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...I agree. Contact the Bar Assoc. maybe someone wil take it Pro-bono. If not, there might be one that will take it on contingency. Other than that.. You can beg or borrow to get a retainer. Hell, I had too. So maybe it will work out for you. There is a long hard road ahead! (if it is that you want to divorce. With the kids and all, YOU MUST do what is in the best interest of them).

Good luck...