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I Got Served Divorce Papers | Will I Have to Move Out of My Family Home?

When you are served divorce papers, you are likely left with many questions about what the future holds. One of these questions may be whether you have to move out of your family home during the proceedings. It is important that you understand the pros and cons of staying and leaving, along with your rights when making either decision. Following along to find out how a proficient Broward County divorce lawyer at The Finizio Law Group can guide you in making the right decision for your situation.

Do I have to move out of my family home during my divorce proceedings in Florida?

In the state of Florida, your spouse does not hold the right to force you to move out of your family home during your divorce proceedings. This is because if the home was purchased together during your marriage, it is considered joint property and you and your spouse have an equal right to reside in the house until the marriage is dissolved.

Under what circumstances can I force my spouse to move out during my divorce proceedings in Florida?

Under critical situations, a Florida court may issue an order requiring your spouse to move out of your family home. For example, if you provide clear evidence that your spouse’s move would be in the best interest of your child, you can receive this court order. Or, if you can prove that there is a domestic violence situation present, a judge can issue a restraining order that will inevitably remove your spouse from your family move.

On the flip side, if you would like to move out of your family home with your child, and if you provide sufficient evidence, a court may order you temporary physical custody of your child to make this doable.

What are the benefits of staying at my family home?

If you have a child custody agreement at hand, it may be in your best interest to remain in your family home with your child during your divorce proceedings. This is because the Florida court may assume that the arrangement of you moving out works in your child’s best interest, and they will consider this when making their final decision. Also, if you move out to a residence that is not suitable to raise a child, even if you can argue that it is a temporary stay, the Florida court will take this into consideration as well.

For more information on how moving out can impact your child custody settlement, do not hesitate in consulting with a talented Broward County child custody lawyer today.

Contact Our Experienced Broward County Firm

If you require legal representation for matters of personal injury, family law, criminal defense, commercial litigation, or aviation litigation, contact The Finizio Law Group today.

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