Fort Lauderdale, FL asked in Divorce and Family Law for Florida

Q: can I leave the house before filling divorce papers without being accused of abandon, if yes what should I do?

I want to leave the house but I am afraid to be considered abandonment, I just want to leave in another place while the papers are being filled and processed. No kids but with property.

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2 Lawyer Answers
Mr Eric Klein
Mr Eric Klein
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: Yes. As Florida is a no-fault state, there is no relevance to the issue of abandonment.

Nicole Ferry agrees with this answer

1 user found this answer helpful

Nicole Ferry
Nicole Ferry
Answered
  • Pensacola, FL
  • Licensed in Florida

A: The other attorney is correct that you can leave the home. If there are expenses related to the home, you may need to think ahead to see if the remaining spouse can afford them. You do not want to ruin your credit. If you have children with the remaining spouse, you should consider paying her/him via check (not cash) support for the children. I urge you to either remove the items you want or take an inventory of what was left behind in the house. In my experience, once a divorce is filed, personal property is hard to find.

1 user found this answer helpful

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