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    jbeachgirl's Avatar
    jbeachgirl Posts: 1, Reputation: 1
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    #1

    Mar 12, 2009, 03:18 AM
    Abandonment of home and family
    I have a friend that his wife cheated on him and has asked for a divorce. They have two children and have lived in the same home and been married for 15 years. She moved out and is wanting to sell the home and take away the only home the kids have ever known. In the state of Florida, is there an abandonment law that protects him from her gaining custody of the kids and selling the home.
    theROICoach's Avatar
    theROICoach Posts: 15, Reputation: 1
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    #2

    Mar 13, 2009, 09:40 AM

    Most abandonment laws require a great deal of time to pass to be considered abandonment (usually at least 6 months to a year). Plus, if she files for divorce first, she becomes the plaintiff and sets all the rules in terms of court dates and times and she can also, as the plaintiff, file for temporary custody. If she does that, she'll be looked at as leaving him but not abandoning her children. Your friend really needs to get a divorce lawyer and file for divorce first and have her served first. That puts the ball in his court. He can also ask for temporary full custody of the kids and the ability to stay in his home. I would tell your friend not to sleep on this. Go get a lawyer and file.

    Pre-Divorce Planning For Smart People
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 13, 2009, 10:04 AM

    Generally abandonment is used as GROUNDS for divorce, not as a law that protects one party or the other.

    So, as ROI notes, if she files first it wouldn't be considered abandonment.

    As for selling the house, that is negotiated as part of the divorce agreement. If she is part owner of the house, then she can give up her interest in the house for other considerations. Or the divorce settlement can stipulate that he buy her out.

    What will really protect him is to get an attorney right away to protect his rights.
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