QUESTION
My husband wants a divorce and he also wants me to move out would that look bad with the court later on?
Asked on Nov 11th, 2012 on Divorce - California
More details to this question:
My husband and I cannot get along and he wants me to move out. I have a place that I can go and that my 3 children would be very accommodated and very comfortable. What I would like to know it's if it would look bad to the court when getting a divorce if we are living in different households? I need some help. Also last time he kicked me out he wouldn't let me take the kids and took my house keys away. I'm back in the house, but make his point every night to let me know he wants me to move out and get a divorce. I cannot longer live like this. Please give me some advice. My children are my life and I will not leave them. I just don't want him to accuse me off abandonment or anything like that.
9 ANSWERS
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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I think the courts prefer you to move out than to stay and have things escalate, but you should consult with an attorney in person before making the decision.
Answered on Nov 15th, 2012 at 7:34 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No, you must meet with an experienced divorce attorney.
Answered on Nov 14th, 2012 at 7:15 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Do not move out and fail to bring your children with you. If you can move out and take them, it sounds as if it would be good for you. Otherwise, you should stay and file for divorce immediately. You really need to consult with an attorney in order to fully explore your potential rights and options in this matter.
Answered on Nov 14th, 2012 at 7:09 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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See an attorney. Maybe you have a basis to kick him out of the house.
Answered on Nov 14th, 2012 at 6:59 AM
The Court will probably not consider your moving out under the circumstances. Good luck.
Answered on Nov 14th, 2012 at 5:26 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It would not look bad to the court, but you run the risk of the court keeping the status quo of you and the children being somewhere else, and who knows how long the other place will last. You should speak with an attorney about this and hire one for the divorce.
Answered on Nov 14th, 2012 at 5:14 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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It is common for people to be living separately prior to filing for divorce. The situation you are in does not necessarily sound safe - it is far better to bring your children to a secure environment. I do suggest you get some advice from an attorney; at the very least, from the family law facilitator at your local courthouse. I do not know your financial situation, but you may be entitled to spousal and/or child support. If you need support, better to file sooner than later.
Answered on Nov 14th, 2012 at 4:03 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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All issues should be discussed with an attorney. You can move out with your children and this will not influence the custody decision. Father will be ordered to pay child support and possibly spousal support.
Answered on Nov 14th, 2012 at 4:02 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you leave the house, take the children with you. However, it's hard to get back in once you leave. If you have an interest in the house, you should discuss this with an attorney. You should file for a divorce but the house issue (if either of you own it) is a trial issue that could be handled a year or so from now when you go to trial.
Answered on Nov 14th, 2012 at 3:03 AM