QUESTION
Will it hurt a divorce case if the one seeking a divorce goes on a trip?
Asked on Aug 28th, 2012 on Divorce - New Jersey
More details to this question:
I have a friend that is seeking a divorce her friend and her husband wants to take her on a weekend getaway, however she is asking for child support and alimony after 18 yrs of marriage he has a drinking problem and use of drugs. The three kids are in acute therapy. Will it hurt her case if she takes this trip?
19 ANSWERS
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Maybe, probably not.
Answered on Jun 13th, 2013 at 12:17 AM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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No, not in any way.
Answered on May 28th, 2013 at 8:59 PM
Child Custody Attorney serving Grand Rapids, MI
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Ryan Maesen PLC
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No.
Answered on May 22nd, 2013 at 5:30 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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NO.
Answered on May 22nd, 2013 at 5:28 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 22nd, 2013 at 5:27 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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NO.
Answered on May 22nd, 2013 at 5:26 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No.
Answered on May 22nd, 2013 at 5:22 AM
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Arguably, it might.
Answered on Sep 07th, 2012 at 1:37 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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If she has filed and served her petition on her husband there are temporary restraining orders on both her and her husband. Both parties are restrained from taking the children out of state. However, she is not prohibited to leave on a getaway vacation as long as she does not take the children.
Answered on Sep 07th, 2012 at 1:37 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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The trip should have no effect on her case, but someone needs to take care of the child.
Answered on Sep 07th, 2012 at 1:37 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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No, unless the therapist says she should not leave the children.
Answered on Sep 07th, 2012 at 1:37 PM
So long as your friend makes appropriate arrangements for care of the children, and assuming there is no pressing need for her to be with the children (health-wise,I mean physical or mental), her freedom of movement is unlimited. She should be careful to leave contact information in case an emergency arises, and it would be wise to leave a power of attorney authorizing the caregiver to secure medical treatment for the children in her absence. An experienced attorney can discuss her concerns and prepare the Power of Attorney for a nominal fee.
Answered on Sep 07th, 2012 at 1:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It should not but I am not aware of all of the circumstances, if she is seeking a divorce she should speak to her counsel, and if she does not have an attorney, engage one in a matter such as this. Too many cooks spoil the broth.
Answered on Sep 07th, 2012 at 1:34 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The fact of a weekend trip is irrelevant to anything unless by being gone she isn't present at any court proceedings where decisions are made. The more important concern may be where are the children going to be while she is gone.
Answered on Sep 07th, 2012 at 1:33 PM
If she takes the trip it looks like she doesn't really want a divorce. It also looks like she is "for sale". I think she should forego the trip.
Answered on Sep 07th, 2012 at 1:33 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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I don't see the trip as being at all relevant to her divorce case in any way.
Answered on Sep 06th, 2012 at 4:59 PM
I don't see any reason her case would be affected by this trip.
Answered on Sep 06th, 2012 at 4:55 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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If there is a preliminary injunction in place, she cannot travel with the children out of state unless she has the written permission of the other party. If she is not traveling with the children, then she can take the trip. It would be ideal to document who is paying for the trip and that it is a gift to her in some manner to confirm she is not using community funds to pay for it. It will not otherwise have any bearing on the divorce.
Answered on Sep 06th, 2012 at 4:55 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Yes. It certainly will not help her.
Answered on Sep 06th, 2012 at 4:54 PM