Q: married 8 yrs Need to get a divorce due to irreconcilable differences, cruelty and verbal and mental abuse
Would the cards be stacked against me if I left our home which we rent prior to serving him with divorce papers? we have no children together and own no properties or joint accounts.
A: As Florida is a no-fault divorce state, there would be no penalty if you were to move out of the marital residence. Abandonment is no longer a recognized consequence of vacating the marital residence. Good luck!
Florida is what is referred to as a no fault state. This means that the reason for the divorce is often not relevant. If you want to leave the home, and you have no children, nothing should be stacked against you. The only issue may be that if you want to gain access to the home later on, you may be restricted and may need to get an order from the court to gain access or obtain anything you may want from the home.
If you have the means I would highly recommend retaining an experienced attorney to help guide you through the divorce process. We offer free consultations if you want to discuss your case.
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