Would I be guilty of abandonment if I leave the marital house during a divorce in Florida?

No, in Florida simply leaving the home does not mean that you have exempted yourself from the liabilities attached to the home or the equity to be gained from a sale of the home. In a Florida divorce case the marital home is to be divided along the equitable distribution statutes. If you decide to move out of the home during the divorce process you will still be entitled to argue for how the home should be dealt with during the divorce. However, if one party does remain in the home during the divorce and is making the mortgage payments during that time they could make the argument that they should be credited for that amount of money they spent if the court orders the sale of the home.

Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (305) 222-7351 or send us an email to schedule a consultation.

When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.


The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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