How To File Divorce For Abandonment In Florida

How to File for Divorce Based on Abandonment in Florida

Going through a divorce is never easy, and understanding the legal process is crucial. This guide focuses specifically on filing for divorce in Florida based on grounds of abandonment. It's important to note that this information is for guidance only and does not constitute legal advice. You should always consult with a qualified Florida divorce attorney to discuss your specific situation.

Understanding Abandonment in Florida Divorce Law

In Florida, abandonment, also known as desertion, is a legally recognized ground for divorce. It means your spouse has left the marital home without your consent and with no intention of returning. Simply leaving isn't enough; the court needs to establish that the departure was intentional and without justification. This requires proving a pattern of behavior rather than a single incident.

Key Elements to Prove Abandonment:

• Departure without consent: Your spouse left the marital home without your agreement.
• Intention not to return: This is the crucial element. You need to demonstrate that your spouse had no intention of returning to the marriage. Evidence like a new residence, a new relationship, or lack of contact strongly supports this.
• Absence for a continuous period: Florida law doesn't specify a precise timeframe, but the absence must be sufficiently long to demonstrate a clear intent to abandon the marriage. The length of time needed varies based on the specific circumstances of each case.
• No just cause: Your spouse’s departure cannot be justified by your own actions. For instance, if you were abusive, your spouse's departure would not be considered abandonment.

Steps to File for Divorce Based on Abandonment in Florida

Filing for divorce can seem daunting, but breaking down the process into manageable steps makes it easier.

1. Gather Necessary Documents and Information:

• Proof of Residency: You'll need to demonstrate you've lived in Florida for the required residency period (typically six months).
• Marriage Certificate: This proves the existence of your marriage.
• Proof of Abandonment: This is crucial and requires substantial evidence such as:
  • Witness testimonies: Statements from people who can confirm your spouse's departure and lack of contact.
  • Correspondence: Emails, texts, or letters that indicate your spouse's intention not to return.
  • Photos or videos: Visual evidence supporting your claim.
  • Police reports: If relevant to the circumstances.
• Financial Records: Information about your assets, liabilities, income, and expenses is essential for equitable distribution of marital property.

2. File the Petition for Dissolution of Marriage:

Once you've gathered the necessary documents, you'll file a Petition for Dissolution of Marriage (divorce) with the appropriate Florida court in the county where you reside. This petition will state your grounds for divorce, which in this case, is abandonment.

3. Serve Your Spouse:

Your spouse must be legally served with the divorce petition. This process ensures your spouse is formally notified of the proceedings. A process server will handle this legally required step.

4. Respond to Motions and Attend Hearings:

Your spouse will likely respond to the petition. Be prepared to attend hearings and provide evidence to support your claim of abandonment.

5. Negotiate or Go to Trial:

Ideally, you'll reach a settlement agreement with your spouse, covering issues like child custody, child support, alimony, and property division. If you can't agree, the matter may go to trial.

6. Final Judgment:

Once the court reviews the evidence and considers all aspects of the case, it will issue a final judgment dissolving your marriage.

Seeking Legal Assistance is Crucial

Divorce is a complex legal matter. The information provided here is for general understanding only. Consulting with a qualified Florida family law attorney is essential. They can guide you through the process, help you gather necessary evidence, and represent your interests in court. Don't attempt to navigate this process alone; seek professional legal help to ensure your rights are protected.