QUESTION

If I leave the state with my kids for a couple of weeks to give my husband space, can he use this against me?

Asked on May 29th, 2013 on Divorce - Illinois
More details to this question:
My husband has chosen not to work on our marriage. I can no longer be the only one trying. I'm thinking of doing something drastic to make him see what he's doing. I am going to visit a friend in TX, but don't plan on letting him know until he gets home, sees we are gone, and calls to find out where we are. Some people have told me that he can say I abandoned him in the event of a divorce. I figured I could say the kids and I went on a last minute vacation.
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4 ANSWERS

You're fine as long as it is temporary and not a permanent relocation. You should let him know where you are going with the kids, that it is just for a few weeks and your telephone number, otherwise he might file a motion with the court claiming that you have taken off permanently with the kids. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.
Answered on May 31st, 2013 at 1:36 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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I think you just need to explain to the court if the issue comes up. You have a plausible story and you do not intend to leave permanently.
Answered on May 30th, 2013 at 10:26 AM

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Family Law Attorney serving Durham, NC at Morelos Law Firm
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Technically, until the parties truly "separate" (which involves not only physical separation to live in separate residences but also with the intent of either party to separate/not resume the marriage which sounds like the latter might not be technically present even for you), then the courts don't tend to get involved in such private matters. But incident to separation, yes drastic moves or even temporary departures like that can certainly come into play/be argued by the other side though, without any agreement or court order in place you would not really be violating anything either. You should consult with an attorney as there may be another way to "get his attention"
Answered on May 30th, 2013 at 10:25 AM

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What do you care if he claimed you abandoned him. That itself has no effect on property distribution in your divorce and only adversely may affect you if you try to stay in Texas with the kids, leaving the impression that you are running away with the kids.
Answered on May 29th, 2013 at 9:38 PM

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