Full question:
My husband and I are having difficulties. He comes home only some of the time. Can I claim desertion and keep him out even though he has everything in his name?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: Florida
Answer:
Before taking legal steps to end your marriage, consider trying to resolve your issues. Professional help, such as marriage counseling, may be beneficial. Many communities offer counseling services, often free or on a sliding scale. You might also consult a marriage counselor, psychologist, or a qualified religious leader. Your attorney may have recommendations as well.
In Florida, the legal term for divorce is "dissolution of marriage." Florida has eliminated fault as a ground for divorce, meaning that you only need to prove the marriage is "irretrievably broken." Either spouse can file for dissolution, and the only requirement is to demonstrate that the marriage is broken.
While fault may not be necessary for divorce, it can influence alimony and custody decisions. To file for dissolution, at least one spouse must have been a Florida resident for six months prior to filing.
Dividing marital property can be complex. Marital property includes assets acquired during the marriage, such as cars, houses, retirement benefits, and bank accounts. Florida law mandates "equitable distribution" of marital property, meaning it should be divided fairly (not necessarily equally) based on the contributions of both spouses. This division is considered alongside alimony and property interests.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.