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    naplesresident's Avatar
    naplesresident Posts: 1, Reputation: 1
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    #1

    Jul 20, 2012, 08:26 AM
    Rights of a wife in Florida if she has to ask her husband to leave the home
    My son and his wife share an apartment in the state of Florida. She is working and he is in school. They have 3 children ages 10, 8 and 5. They are 27 years old. They have always had marital problems and most recently my son has told his wife he is having an affair and he wants a divorce and wants her to leave. He has no means of supporting himself and his children and he is being verabally difficult with her all the time at home and in public. She is afraid he can make her leave and take their boys from her. I do not know where to begin to help her. I understand if the marriage is over but I know it is not right the way he is treating her and he is making his kids think they have to choose, especially the older boy. My grandson has already expressed sadness and cried that "my parents are going to get a divorce and I am afraid the court will make me live with my mom and I want to live with my dad". I provide child care to my grandkids and financial support since my son is in school. My husband and I are prepared to help me daughter in law financially and with the boys if the separate. Where can I get the information I need to help her.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 20, 2012, 08:33 AM
    Quote Originally Posted by naplesresident View Post
    My son and his wife share an apartment in the state of Florida. She is working and he is in school. They have 3 children ages 10, 8 and 5. They are 27 years old. They have always had marital problems and most recently my son has told his wife he is having an affair and he wants a divorce and wants her to leave. He has no means of supporting himself and his children and he is being verabally difficult with her all the time at home and in public. She is afraid he can make her leave and take their boys from her. I do not know where to begin to help her. I understand if the marriage is over but I know it is not right the way he is treating her and he is making his kids think they have to choose, especially the older boy. My grandson has already expressed sadness and cried that "my parents are going to get a divorce and I am afraid the court will make me live with my mom and I want to live with my dad". I provide child care to my grandkids and financial support since my son is in school. My husband and I are prepared to help me daughter in law financially and with the boys if the separate. Where can I get the information I need to help her.

    She needs to discuss this with an Attorney - immediately.

    They were both 17 when the first child was born?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #3

    Jul 20, 2012, 08:38 AM
    She has to consult a lawyer, and I suggest she do that immediately, to learn her rights in this situation, until then, every is speculation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 20, 2012, 09:46 AM
    If she is signed on the lease, he can't make her leave. Even if she isn't, this is considered the marital home so he can't summarily kick her out (and vice versa). He would have to file for divorce and get the apartment as part of the divorce.

    Your best bet, if you want to help your d-i-l, get her attorney and have her file for divorce.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 20, 2012, 09:50 AM
    I assume they rent or lease ( not own) whose name is on the lease, that is an important issue.

    They are married ? Normally this will be dealt with in divorce court and no one is forced to leave till the court decides who is to leave. One side may have to leave. It is your son, why does he just not come home and stay with you at this point?

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