feeling threatened

[bignight]

My wife and i have tried a separation out and inside home. I have been sober for nearly a year and am doing well. We have 4 children and there is and has never been any abuse. She has told me she would get an order to make me leave and I have also discovered she has been secretly speaking with a man she had met during a girls night out. She has refused to go to counseling and does not want to work on our marriage. I am going on my own to individual therapy. She has returned home a few times intoxicated but feel I can do nothing about it. I respectfully confronted her about her friend and she denied it outright. I have seen the text and phone records and was able to get a name. I wanted her to be honest but my knowing only made matters horribly worse. I want to stay in my home and would like her to temporarily leave as I have done in the past as per her request. I feel as if she should go since she wants to "be alone" and does not want to work on things. She has looked into having me court ordered to leave regardless that I am sober and trying to rebuild our family. I don't want to leave again and fear the worst if I do. She has recently returned to work earning @ $500 a month after day care. I am the earner of the household and do well but money is very tight to afford a second apartment. Can I legally be made to leave? Is it a matter of who files the petition first? There are lines I don't want to cross. There is no legal separation in Florida and if we do separate, the point is to rebuild possible what has been broken. I need help.

[Attorney Howard Iken]

Exclusive use and possession of the house is not an automatic thing - for either side. You are free to ask for the same thing.

Attorney Howard Iken