Legal Question in Family Law in Florida

I live in Fl. and my husband and I have been married 13 years and together for 15. I have asked him for a divorce and he wants me to leave "our" house and children (two girls), until we file for divorce. I verbally agreed he can have the house seeing as I am "the one" who asked for the divorce. I am not leaving my children and feel like I should not have to remove them from the house. If I do as he asked to keep the piece can it be cconsdered abandonment?

Asked on 11/07/11, 11:12 am

1 Answer from Attorneys

Gregory Buckley Gregory T. Buckley, Attorney at Law

Abandonment is not really an isue here, since Florida is a "no-fault" state. The marital home is an asset whose value should be equitably distributed. You can make a Motion that you have the exclusive use and possession of the marital home for the benefit of the minor children, either during the pendency of the divorce proceedings or until the youngest child turns 18. Either way, you should not be mnaking big decisions without consulting with a family law attorney in your area.

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Answered on 11/15/11, 12:54 pm

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