More details to this question:
I am wanting to get a divorce (dissolution) from my husband. It is unbearable to live under the same roof with him, so I am thinking of moving out now. Nothing has yet been done regarding starting any divorce proceedings. If I move out now and we live apart for one year, will that have a positive or negative effect on a dissolution? Or no bearing at all?
9 ANSWERS
Your contemplated actions would have no bearing on the disposition of the property but remember that there is no waiting period in California and you may file for dissolution as soon as you separate.
Answered on Feb 12th, 2013 at 7:29 PM
Attorneys have varying opinions with regard to leaving the marital home. Some feel that you need to stay in the home if at all possible; others don't believe it makes much difference. You do not state whether there are any minor children. If you leave the home and the children, he can file for divorce and ask for custody. You also do not state the length of the marriage or whether or not you bought the house together, or it belonged to one of you prior to the marriage. All of these factors are important to know before giving an opinion. Why don't you just file for divorce now? Why would you move out and wait a year to file? If you were to move out and not file, it is likely that your husband will just file. So, the upshot is, you do not provide enough information to give an informed opinion.
Answered on Feb 12th, 2013 at 7:16 PM
John Arthur Smitten
If you have kids then take the kids with you, otherwise moving out has no bearing on the case, someone has to move out when people separate.
Answered on Feb 11th, 2013 at 6:29 PM
You will establish a date of separation. That has an affect on the division of assets.
Answered on Feb 10th, 2013 at 10:38 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Why would you want to wait a year to start divorce proceedings? Keep in mind that neither one of you has the right to make the other leave your current residence unless you get an order to do so from the Judge (and they will usually only order one party to leave the residence if there is domestic violence, otherwise it is up to the two of you how long you continue to live together). I assume you don't have any issues for which you would need immediate orders (child custody, child support, spousal support). However, you want to get started in dividing up the assets, bank accounts, credit card debt, cars, car loans, etc...otherwise, it can lead to problems and confusion later.
Answered on Feb 10th, 2013 at 9:48 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Do not move out until you talk to an Attorney. It may not make a difference but why move out until you have a support hearing set so you have help paying the bills.
Answered on Feb 10th, 2013 at 9:42 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No bearing in WI.
Answered on Feb 10th, 2013 at 6:43 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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It could affect debt or other liabilities. You could also get a separation agreement if he agrees.
Answered on Feb 10th, 2013 at 6:43 PM
Moving out will have no bearing on the divorce. If the situation is intolerable, it is better that you leave and avoid potential confrontation.
Answered on Feb 10th, 2013 at 6:36 PM