This situation can be solved in two way: either the spouses mutually agree on which one moves out and which one continues to stay or let the court decide the case.

Moving Out by Agreement and Divorce

Ideally, when a couple decides to part ways, the moving out of one of the spouses should be done with mutual consent and agreement. Typically for this to happen, the husband and the wife looking for an Orange County divorce will converse with one another and decide what is in the best interest of their child.

If such a mutual agreement is being drawn out between the two spouses in the course of their divorce, it needs to be detailed and should include the list of items the spouses moving out will take with them. Typically it is best that you involve an Orange County divorce lawyer in the drawing up of these agreements.

It is advised that the spouse that is moving out makes sure that at least temporary custody and visitation schedules/orders have been determined beforehand. If one of the spouse moves out of the house without being specific about the terms and custody and visitation could affect their child custody claims and separate property and community property accumulations.

Moving Out by Court Order and Divorce

Legally, the Orange County family law provisions and California laws have clearly laid out set of rules that tackle the subject of moving out and divorce through exclusion orders from the court. This is a complicated set of rules and procedures. The family law courts like to stay neutral in feuds between divorcing spouses and will only be able to kick a spouse out of the house if there are clear and permissible evidence of domestic abuse/violence.

The basis of the kicking out procedure and the exclusion clause is to protect the vulnerable spouse and the children if the marriage has any from a violent parent, i.e. domestic violence. But, the rules of the court dictate that for a spouse to be able to get an exclusion order produced against the other party on an emergency basis. They need to show the court the threat of an immediate harm. This rule is designed to act as a protection for spouses that are wrongfully accused of such actions and condemned from their own homes.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

If you are found guilty or plea guilty or “no contest” to the charge of DUI, you must complete DUI school in order to get a hardship license or reinstate your full driving privileges.  The majority of drivers who plea to a reduced charge of Reckless Driving with Alcohol as a Factor also have to complete DUI School as part of their sentence.

You may sign up for DUI School in the county you were arrested or the county you reside in if you live outside Polk County.  For those arrested for DUI that enroll in Polk, the DUI School is run by Tri-County Services.  Tri-County offers these services at the following locations:

• Lakeland – 5421 U.S. Highway 98, South, Highland City
• Winter Haven – 41 3rd Street S.W.
• Avon Park – 100 W. College Dr.
• Wauchula – 202 S. 9th Avenue

The fees are:

• Level I fee is $255.45 ($242.50 + $5.95 cc fee + $7.00 convenience fee for online enrollment).
• Level II fee is $377.50 ($377.50 + $5.95 cc fee + $7.00 convenience fee for online enrollment).

The majority of 1st time offenders will need to complete Level I DUI School.

In order to enroll, you will need the following documents:

• Readable Copy of the DUI Arrest Report/Probable Cause report – this can be obtained from the agency that arrested you or from your attorney. A crash report alone is not sufficient unless you were taken from the scene in an ambulance and received a DUI ticket later. If you were arrested by the Polk County Sheriff’s Office, please mention this when you call to set your appointment.
• Lifetime driving history. A Florida history can be obtained from any Florida Clerk of Court office (or the DUI office – $14.00) and must be obtained even if you have never had a Florida driver license (cannot be more than 30 days old when you come to complete registration). If you have held a license in another state, you may be asked to obtain a driving history from that state also.
• Court Order if you have completed the court process.
• Picture id.

Time is of the essence in a DUI case. 

You only have 10 days to request a Formal Review of the “Implied Consent” suspension of your license so call my cell now.

Aggressive Polk DUI attorney Thomas C. Grajek

863-838-5549 cell

Aggressive DUI attorney handling all DUI arrests in Florida and Polk County, including Bartow, Lakeland, Winter Haven, Mulberry, Haines City, Auburndale, and Lake Wales.

Below is information and links that you need for your Polk DUI arrest.