The Short Answer

In Florida, “just cause” for leaving the marital home most often matters in two situations: (1) defending against claims that you “deserted” your spouse by leaving without a legally recognized reason, and (2) explaining the circumstances in support, custody/parenting, or other family-court requests. Evidence is typically aimed at showing you left for safety, necessity, or other serious marital reasons—and that you did not simply abandon responsibilities.

What Florida Law Says

Florida is a no-fault divorce state, meaning you generally do not have to prove wrongdoing to obtain a dissolution—only that the marriage is “irretrievably broken.” However, the circumstances of a spouse leaving the home can still become important when the other spouse argues “desertion” or when the court evaluates support-related issues.

The Statute

The primary law often cited when “desertion” is raised is Fla. Stat. § 856.04.

This statute makes desertion/withholding support a crime in certain circumstances, but it also recognizes an important concept: there is no prosecution for desertion/withholding support where there is an existing cause recognized as a ground for dissolution of marriage under Florida law.

For divorce itself, Florida’s no-fault standard is set out in Fla. Stat. § 61.052, which provides that a dissolution may be granted when the marriage is irretrievably broken (or for certain mental incapacity circumstances).

Why You Should Speak with an Attorney

Even though Florida is no-fault, “I left the marital home” can quickly turn into disputes about credibility, finances, parenting, and whether you acted reasonably. The right evidence depends on why you left and what your spouse is claiming. Legal outcomes often depend on:

• Strict Legal Framing: What you call “just cause” may need to be tied to legally recognized grounds and facts that fit Florida’s statutes (including the no-fault dissolution standard in Fla. Stat. § 61.052 and the desertion/support concepts in Fla. Stat. § 856.04).
• Burden of Proof & Documentation: Courts tend to give more weight to objective proof (police reports, injunction filings, medical records, third-party witnesses) than to “he said/she said.”
• Collateral Consequences: Leaving can affect temporary living arrangements, access to funds, and parenting schedules—issues that can escalate if not handled carefully.

Common categories of evidence attorneys look for (without turning this into a DIY checklist) include: contemporaneous communications (texts/emails) showing threats or conflict; law-enforcement or injunction records; medical/therapy records tied to safety concerns; photos/videos of property damage or injuries; witness statements from people who observed incidents; and financial records showing you continued to support children or household needs where appropriate.

Trying to handle this alone can lead to damaging admissions, incomplete proof, or arguments that you “abandoned” the home or responsibilities—especially if the other side is building a record against you.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.