QUESTION
Can I move out of the house before filing for divorce?
Asked on Mar 09th, 2013 on Divorce - California
More details to this question:
I cannot live in my house due to violence between myself and stepdaughter. Can I move out prior to filing for divorce?
8 ANSWERS
Yes, and you should make a plan to go somewhere safe. You should seek the assistance of the local domestic violence prevention group to help you with the plan. When safe you can file for dissolution.
Answered on Mar 11th, 2013 at 2:05 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Yes you can move without filing.
Answered on Mar 11th, 2013 at 2:04 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Yes, you are entitled to move. At a temporary hearing the judge can decide who should have possession of the house, etc. and who should pay what bills. I suggest you hire a lawyer.
Answered on Mar 11th, 2013 at 2:04 PM
Yes, you can move out before your divorce. Your safety is important, and moving out early shouldnt affect your rights to community property.
Answered on Mar 11th, 2013 at 2:04 PM
Family Attorney serving Little Chute, WI
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Van Hoof Law Firm LLC
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You can move out of the house before you start the divorce. In many cases where there is a threat or history of violence, that is necessary. If you will not be taking your share of the property you may wish to take pictures or a video so you remember what is there. If you are on the house loan, simply moving out does not relieve you from paying. You should discuss the entire matter with an attorney.
Answered on Mar 11th, 2013 at 2:04 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can move out but Id file first for divorce spousal support and attorney fees as it takes ages to get a court hearing.
Answered on Mar 11th, 2013 at 2:04 PM
Moving out would be at your discretion. If there is violence then you may be able to ask for exclusive use of the residence and be able to live there. However, if you wish to move you may do so. You do not need to live in the household in order to file for divorce.
Answered on Mar 11th, 2013 at 2:03 PM
John Arthur Smitten
Yes you do not forfeit anything by moving.
Answered on Mar 11th, 2013 at 2:03 PM