Does asking my spouse to leave affect custody if we end up getting a divorce?
There are a number of issues involved in asking your spouse to leave the marital residence that could impact a future custody determination.
One of the most important factors would be whether the children remained in the home with you or left with your spouse.
In the event of a separation, the courts want stability for the children, which involves disrupting the status quo as little as possible.
If the children were to leave the home with your spouse, an argument could be made that you not only made your spouse leave the home, but also disrupted the lives of you children by putting them out as well.
Asking your spouse to leave and to take the children also shows that you feel that your spouse is a fit parent who is capable of caring for the children on her own.
Contrarily, if your spouse leaves and the children remain with you in the marital residence, you may have an advantage in a future custody case.
Assuming that you are both fit parents, the court may be inclined to leave the children with you in order to maintain the status quo and provide stability for your children.
In addition, by leaving the children with you, your spouse has shown that she believes that you are fit and capable of caring for the children.
I recommend that you contact an attorney in your jurisdiction prior to asking your spouse to leave so you ensure that you do not do anything that could negatively impact a future custody claim.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”