Actual Abandonment

• When one spouse decides to pack up his belongings and move out of the house, and stays away continuously for more than a year, he is guilty of actual desertion or abandonment. In this case, the spouse has voluntarily left and has made no provisions to return. The marital link is severed; therefore, you no longer have sufficient reason to consider it a marriage. You, as the remaining spouse, can move to court and obtain an order preventing the deserting spouse from coming back to the house.
  
  

Constructive Abandonment

• Abandonment can also be considered under Florida law even if one spouse does not leave. If the behavior of your spouse is cruel, demeaning or unbearable, you can leave and charge her with constructive desertion or abandonment. It is defined as one spouse leaving the relationship, even if she remains in the matrimonial home. Reasons for constructive desertion include willful refusal of sex without just cause and failure to perform other marital duties leading to collapse of the home life. Denial of sex alone is not sufficient grounds and must be supported by proof of abandonment of other mutual marital duties.
  
  

Property Division

• Florida laws provide for equitable division of marital assets and liabilities in case of a successful divorce. These include all property and debts acquired during the marriage either individually or jointly. Also covered is any appreciation in value of nonmarital assets resulting from the input of either party during the marriage. Personal gifts exchanged during the marriage and all vested and nonvested rights, benefits and funds accumulated during the marriage are also subject to division.
  
  

Residency Requirements

• The Florida statutes require that one of the parties to the marriage must have been a resident of the state for at least six months before the filing of the petition. The filing can be done in any court circuit where either party resides. The dissolution of the marriage cannot be effected for at least 20 days after the filing of the petition unless the court is convinced that an injustice would be committed as a result of this delay. The court may then enter a final judgment at an earlier date.