Vacanti | Shattuck | Finocchiaro Attorneys

Can I Remove Furniture Or Other Belongings Before I File For Divorce?

Can I Remove Furniture Or Other Belongings Before I File For Divorce?You can remove furniture, if there is no order against it. However, you might want to talk to your spouse or your attorney about it, first. If your spouse shows up and everything is missing from the house, you will look bad to the court. Appearances matter in a divorce proceeding and being mean spirited or inconsiderate is not a good move to make.

Should You Move Out Before You File For A Divorce?

The general rule on moving out of the marital home is to not do it until there is an agreement reached between you and your spouse, or a temporary order has been issued. Moving out could affect custody rights. Depending on the children’s ages and circumstances, you might have an advantage by staying in the marital home.

Can I Date Other People While Going Through A Divorce? Will This Impact The Custody Decision?

You can date when going through a divorce but you probably don’t want to expose the children to anyone you are dating, until you have been dating for quite some time and you know this is someone who is a good influence for your children. I would also be open to letting the spouse know who this person is, in case there are any concerns that this person is not a suitable person to be around your kids. Some judges do have old fashioned views, so it may be wise to talk to your attorney before dating anyone.

Can I Stop My Spouse From Seeing The Kids During Divorce?

Unless there is imminent danger to the children or to yourself, a protection order in a divorce proceeding is unlikely. Courts aren’t going to enter any order without very good cause.

If I Go To A Therapist Prior To Divorce Can My Spouse Use This Against Me?

When you are fighting custody issues, judges will allow basically any type of discovery. If you are suffering from mental health issues, it may be a wise decision to see a therapist and get on medication, if that is recommended. However, your spouse and his or her attorney could certainly try to use that information to show that you are unstable. You need to have a good attorney, who understands how mental illnesses are to be treated. If you are able to diagnose it and treat it properly, a mental illness should be of no concern to the court.

If you are untreated and you need treatment because you are acting in an improper way or not taking care of yourself, then you are not currently a good parent to have custody. Also, if there are circumstances where you are going through therapy only because you want to talk about your spouse, be careful about those notes because the other side may be able to subpoena them.

For more information on Removing Belongings Prior To Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.

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