You have a right to move out of the marital home. However, you can not keep the children from him unless There are mitigating circumstances.
The answering of this question is just friendly advise, and in no way legal advise. For legal advise you should contact an attorney with detailed information about your situation, so he or she can better assist you.
Abandonment was a ground for divorce back in the days before Florida became a no-fault state. There is no such thing now with regard to divorce. You can move out if you want, though you should speak to a lawyer first, since moving out may have consequences on who gets primary timeshare and who gets to remain in the house ultimately or during the divorce.
The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!
I am sorry that you are going through this. Florida is a no fault state so you no longer need to aver a ground for the divorce, such as abandonment, infidelity, gross intoxication/drugs etc, however you should speak with a local attny to see what "practical affects" it may have, perhaps you may want him to leave? take care and hope that things work out.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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