Living under the same roof through divorce what is he allowed to do?

[Barrcor]

We live in Florida. Last week I filed for divorce on my husband whom I caught cheating. He was served yesterday. I came home to him already home. I went to put clothes in the dryer and saw the dryer wasnt working. I then realized he shut the breaker off on me. He also did this to the heater. I came into the room and he discconected the comcast internet/tv box so I no longer have internet and tv running. I am going to comcast today. I see my lawyer on Friday. I am at a bit of loss. Is he allowed to do whatever in the house now? I am not sure what else will be disconnected on me. Thanks

 

[Zigner]

We live in Florida. Last week I filed for divorce on my husband whom I caught cheating. He was served yesterday. I came home to him already home. I went to put clothes in the dryer and saw the dryer wasnt working. I then realized he shut the breaker off on me. He also did this to the heater. I came into the room and he discconected the comcast internet/tv box so I no longer have internet and tv running. I am going to comcast today. I see my lawyer on Friday. I am at a bit of loss. Is he allowed to do whatever in the house now? I am not sure what else will be disconnected on me. Thanks

He's allowed to disconnect and you're allowed to connect.

 

[stealth2]

Assuming he pays for these services (or has the account in his name), of course he can cancel service. Your solution is to create your own accounts.

 

[LdiJ]

Assuming he pays for these services (or has the account in his name), of course he can cancel service. Your solution is to create your own accounts.

It does not appear that he has actually cancelled any services at this point. She said that he turned off the breakers and disconnected the internet/tv box. She should easily be able to turn the breakers back on and reconnect the internet/tv box (unless of course he has hidden it away). There is a huge difference between cancelling services and doing petty stuff like that. I would consider filing an emergency motion to restrain him from continuing to do that sort of thing.

 

[Just Blue]

We live in Florida. Last week I filed for divorce on my husband whom I caught cheating. He was served yesterday. I came home to him already home. I went to put clothes in the dryer and saw the dryer wasnt working. I then realized he shut the breaker off on me. He also did this to the heater. I came into the room and he discconected the comcast internet/tv box so I no longer have internet and tv running. I am going to comcast today. I see my lawyer on Friday. I am at a bit of loss. Is he allowed to do whatever in the house now? I am not sure what else will be disconnected on me. Thanks

Please clarify: "Disconnect" as in unplugged or as in canceled the service?

 

[Barrcor]

So there is a box that connect to the tv he took that box and a few cords and hid them from me. Along with changing the passwords on the wifi. I am going to Comcast today to buy service in my name.

 

[Edgar 1776]

You have several things to think about as the two of you decide who keeps the remote control to the TV. Both of you have co-equal access to the residence and the operation of the household. However, from a practical standpoint whoever's name is on the cable/internet bill is who the service providers will listen to. Cutting off the electricity/water, ect. could be a little different though, and you need to bring that issue up with your attorney on Friday. The court can order him not to do stupid things like that. This is some basic general information: If someone's name appears on the lease or deed, that person has an equal right to possess the residence, but so does the other spouse until the Judge orders something else. If someone purchases a home together during the marriage, then both parties own the home together and the physical presence outside the home will not affect the financial interests either party have in the property (Therefore, it might be wise for someone to stay somewhere else for a little while). If two people decide to have a contested divorce and it can't be decide who should stay and who should go, the Judge may determine who has a right to remain in the home and who must pack up and move out.
In general, If someone decides to move out in order to reduce the stress and arguing, neither party may change the locks or lock the other party out of the home, without a court order. If the Judge does restrict one party from entering or using the property its only until the court resolves the divorce case and property distribution.
And remember, there is no such thing as a good divorce. Its going to be expensive, long and drawn out with him playing stupid games and you getting mad and stressed out. Listen to your Attorney's advice on Friday and you will be fine.

 

[Barrcor]

It does not appear that he has actually cancelled any services at this point. She said that he turned off the breakers and disconnected the internet/tv box. She should easily be able to turn the breakers back on and reconnect the internet/tv box (unless of course he has hidden it away). There is a huge difference between cancelling services and doing petty stuff like that. I would consider filing an emergency motion to restrain him from continuing to do that sort of thing.

Yes I figure out the breakers and turnes them back on and for the TV he has hidden the box and cords preventing me from getting tv and so I will try and open a service in my name today

 

[Zigner]

In general, If someone decides to move out in order to reduce the stress and arguing, neither party may change the locks or lock the other party out of the home, without a court order.

Actually, just the opposite is true, as this is not a landlord/tenant matter.

 

[stealth2]

A majorly important question - are minor children involved?

 

[Edgar 1776]

You are missing my point Zignar, but i understand what you are saying.
Barrcor, this may not even be applicable to you, but its just a general thought: As long as both parties have been married and living in the home together, that is the residence of both parties. It's not advisable to change the locks during a time when your spouse is away from the house, unless the Judge allows it. The family law court generally will not look favorably on this type of behavior, and there may be negative consequences for such an action.

 

[Zigner]

As long as both parties have been married and living in the home together, that is the residence of both parties. It's not advisable to change the locks during a time when your spouse is away from the house, unless the Judge allows it. The family law court generally will not look favorably on this type of behavior, and there may be negative consequences for such an action.

No, I totally got your point. I agree with you on this, now that it's been rephrased

 

[Barrcor]

A majorly important question - are minor children involved?

A majorly important question - are minor children involved?

We have no children together.

 

[Barrcor]

You are missing my point Zignar, but i understand what you are saying.
Barrcor, this may not even be applicable to you, but its just a general thought: As long as both parties have been married and living in the home together, that is the residence of both parties. It's not advisable to change the locks during a time when your spouse is away from the house, unless the Judge allows it. The family law court generally will not look favorably on this type of behavior, and there may be negative consequences for such an action.

Yes, we are both owners on the house and deed. Yes, I agree with you. I have done nothing in the house. He keeps pulling these things on me becuase, I think he is trying to push me out. So he can be in the house by himself. I just ignore his behavior because I know he wants a reaction.

 

[LdiJ]

Actually, just the opposite is true, as this is not a landlord/tenant matter.

I disagree Zig. Unless a judge has ordered that one party have sole use of the marital home, both parties are entitled to be there, even if one of them has moved out. That is why its important that the judge either makes the order or signs off on an agreement.