August 26, 2021

Moving Out of a Marital Home During a Divorce: What to Know

During a divorce, there may come the point wherein you and your spouse cannot live together under one roof. Although moving out of a marital home may seem like the best and most logical move one can make, the process may entail consequences in the proceedings of the case. For this reason, it’s best to consider how leaving the property can legally affect the divorce or separation. Doing so will help you plan carefully and make the best decisions.

Will Moving Out of the Home Result in Abandonment Charges?

No, Florida has no fault divorce. There are no grounds for divorce. If one spouse leaves the home and fails to support their child or children, then the Court may consider that circumstances in determining which parent should be awarded the majority of timesharing.

If domestic violence has occurred or is a threat, it may be best to take children from a home. However, the leaving spouse should obtain a court order for temporary custody. Failure to do so, could result in the Court believing that party is not co-parenting the children. It’s best to consult a family attorney if you plan on leaving home with your kids.

If the children remain in the home, the remaining parent may argue that they should receive the majority of timesharing because changing the living arrangements can be challenging for the kids. However, making a written parenting agreement before moving out can establish a parenting schedule. 

Will Moving Out of the Property Result in Losing Rights to It?

Moving out of the marital home during a divorce typically does not mean the person will lose rights or interest in the property. The spouse moving out should keep an inventory of the items in the property, photographing important items. 

The person who stays within the home will not automatically gain the house when the division of the property happens, as the courts will attempt to divide assets equitably or fairly. One spouse may keep the house, while the other keeps money or other properties of similar value with the home.

Some states may consider “fault” in dividing the property, but Florida is a “no-fault” state wherein a person will not be held responsible for the abandonment or desertion of a marriage. Regardless, whoever leaves or remains in the house during the divorce will not be a significant factor in whoever is entitled to receive the home.

Consult Experienced Family Lawyers in Jacksonville

Dissolution of marriage is always difficult, and some factors can make things even more complicated. Moving out of a home may seem ideal when the situation is abusive, but there are consequences in doing so. To ensure that the process remains fair and lawful, you must always seek the advice of an experienced lawyer before making your move.

If you’re looking for a family law firm in Jacksonville, FL, let Dorsey Law JAX assist you. With experienced attorneys committed to helping you with various family law issues, we can ensure that you’ll get the best legal representation you need. Get in touch with us today.


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