What Counts as “Abandonment” During an Orlando Divorce?

“Walking out” is a common phenomenon during an Orlando divorce. Whether you left the family home or your ex packed their bags and left, you may be wondering whether this counts as “abandonment” in the eyes of the family court. If so, what kinds of consequences could it have for your divorce? This is a topic you might want to raise with an experienced attorney.

Abandonment Is Not Grounds for Divorce in Florida

First, it’s important to note that abandonment does not affect your ability to file for divorce. Since Florida is a “pure” no-fault state, the only way to end your marriage is to state that it is irretrievably broken. Even if you believe your marriage ended because your ex abandoned you, Florida courts will not consider this detail during the filing stage.

Abandonment Can Be Justified

Secondly, you should remember that some forms of “abandonment” are entirely justifiable in the eyes of the family court. For example, a spouse might decide to flee an abusive household. A spouse might also pack their bags and leave after learning of an affair. A spouse might have no choice but to leave if financial circumstances have made it impossible to continue living in a home.

When Does Abandonment Negatively Affect a Divorce in Florida?

With that said, there are a few examples of when abandonment might negatively affect a divorce. First, a parent who abruptly leaves children behind in the family home without a valid reason might experience various child custody consequences. A judge may conclude that this abandonment demonstrates a lack of responsibility toward the children, and they may award the “abandoner” with less parenting time.

Abandonment might also lead to negative consequences if a spouse leaves their ex with considerable financial hardship. For example, a spouse might decide to pack their bags and leave for Mexico. If their ex remains at home to pay bills alone while also looking after the children, the family court may be far more sympathetic to that individual.

Under certain circumstances, the spouse who abandoned their ex may even face financial penalties for leaving in such a way. For example, they may have to pay more alimony. They might also receive a lower share of the marital property to make up for the various bills and expenses they left behind for their ex to handle.

Should I Stay or Should I Go?

If you’re considering packing your bags and leaving the family home, you may want to speak with a lawyer before you make your final decision. In certain circumstances, it is legally beneficial to remain in the family home for as long as you can. Although this might not be the easiest move from an emotional perspective, it may be financially rewarding in the long run while providing you with more parenting time.

Can a Divorce Lawyer in Orlando Help Me? 

A divorce lawyer in Orlando may be able to guide you toward a positive outcome, whether you face allegations of abandonment or your ex walked out on you. Although Florida is a no-fault state, abandonment could still cause issues during your divorce. Contact Steve Marsee, P.A. at 407-521-7171 to learn more about the next potential steps.

Source:

 psychologytoday.com/ca/blog/better-divorce/202108/will-i-lose-my-house-during-my-divorce