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?
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.
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.”