My husband has filed for divorce. We have been married for 15 months, and he has verbally, emotionally, and physically abused me. He also has an alcohol and pain pill addiction. I need to know what my rights are.
Gregory L. Olney IICriminal Defense AttorneySaint Petersburg, FLFL licensed ·
yes, you can file a counter petition for divorce. you need to meet with a family law attorney as soon as possible. use the "find a lawyer" function on this web site to locate one in your area. i will redirect this inquiry to the family law section for other attorney's responses. good luck
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
You can counter petition for divorce, you will have to pay a filing fee to the clerk of courts in your county. Florida is a no fault state, so his verbal abuse emotional and physical abuse will not likely be factors in your divorce case.
You should use the Find a Lawyer tool on to locate a highly rated family lawyer in your area who can advice you on what you rights are and how assets and liabilities will be equitably divided during the divorce process.
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Yes, you may file an Answer to his Petition and a Counter-Petition for divorce in the same document. If you have already answered, you can file a Counter-Petition separately. That way you can lay out your factual basis for seeking divorce and request the relief you are seeking, however, you should know that Florida is a "no-fault" divorce state. To be able to understand all of your rights as it relates to your personal situation, you must speak with a family law attorney. Your rights in divorce depend on whether you have children, real property, personal property, bank accounts, etc. and whether you feel it is necessary to pursue any type of injunction or restraining order.
I agree with my colleagues comments that you should file an answer to the Petition within 20 days of receiving it and you should file a Counter-Petition so that you may ask the court for relief also. I encourage you to seek counsel from family law attorney in your area because, while Florida is a no fault divorce state, there are certain civil remedies the law allows to be filed within the Dissolution Petition also. This civil claim would be specific to the physical abuse (any battery or assault he may have committed against you).