Can I Move Out of Our Home Without Being Penalized?

Ask a Lawyer


My wife wants either a separation or divorce. Can I move out of our house, where our children live, without being at fault or penalized in any way?

Missouri divorce attorney Kristin Zurek


A piece of common sense advice is to not leave the home until such time as there’s an agreement as to when you’ll be able to see the kids. If you get fed up and leave without an agreement in place, know that there will likely be some time between when you leave and when your lawyer could go to court for you on temporary orders to get a set schedule with the kids.

Additionally, if you leave, you’ll likely have two sets of expenses, as she’ll not want to pay the full house bills by herself if you go. You’ll want to try to get her to agree to take on some, if not all of the responsibility of the home before you leave. If you just leave, know these issues will be left to the court and the decision on those may take some time to get to a resolution.

Here is a link that may help give a better idea of what to expect when you move out of the marital home before the divorce is finalized.

Remember, I am unable to provide you with anything more than divorce tips for men, 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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri divorce lawyer Kristin Zurek, contact Cordell & Cordell.

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