Can I File for Divorce and Leave the Family Home on the Same Day?
Many spouses want to get out of the family home as soon as possible after filing for divorce. Some may take these two steps at the same time, perhaps without even warning their exes beforehand. But is this really possible? Can you pack your bags and leave while filing for divorce on the same day? Can you leave behind a farewell note for your ex to read without ever confronting them directly? This is a question you might want to ask an experienced divorce attorney in Orlando.
You Can File for Divorce and Move Out on the Same Day
Yes, you can file for divorce and move out on the same day in Florida. Your freedom of movement is guaranteed, and there is nothing that can keep you in your family home if you want to leave. You can also file your divorce papers whenever you choose.
That said, you might want to meet with a lawyer beforehand. Your lawyer needs time to prepare your divorce papers, so it makes sense to consult with a divorce attorney before you move out. Speak with an Orlando divorce lawyer to determine how many days it will take to prepare your filing. Once you have this information, you can coordinate your filing and move-out date for the same day.
Do I Have to Tell My Ex I’m Moving Out Before a Divorce?
No, there is no legal requirement to inform your ex that you’re planning to move out. You are also under no obligation to tell your ex that you’re planning to file for divorce. When you meet with a lawyer to discuss your plans, these discussions will be completely private. Your lawyer cannot tell your ex or anyone else about your plans unless you give them permission. This is due to something called “attorney-client privilege.”
If you do not like the idea of confronting your ex about these life changes, you might plan to leave a note at the family home and avoid contact for the next little while. This could be a viable choice, especially if you’re concerned about potential violence. In these situations, you can also obtain a protective order – and your ex might be ordered to leave the home while you stay.
Speak With a Lawyer Before Doing Anything Drastic
You might want to speak with a lawyer about your plans before you move out. Leaving the family home can affect child custody, property division, and other aspects of divorce. You might also avoid moving out if you’re facing a potential violent spouse, as a protective order could force your ex to leave the home instead.
Can a Divorce Lawyer in Orlando Help Me?
A divorce lawyer in Orlando might be able to help if you want to file for divorce and leave your family home as quickly as possible. The lack of a mandatory separation period in Florida means that you can end your marriage and move out of the family home in a relatively seamless manner without unnecessary delays. However, leaving your primary residence raises distinct legal implications. Learn more about your next potential steps by contacting Steve Marsee, P.A. today.
Source:
flcourts.gov/Resources-Services/Office-of-Family-Courts/Dissolution-of-Marriage