Should I Move Out Before The Divorce Is Final? Does That Give Up My Rights To Any Property?
Moving out before the divorce is final is generally not a problem as far as property goes. It only becomes a problem with children. You do not want to leave the marital residence and leave the children with the other spouse without there being an order that determines what your parenting rights are. You don’t lose any of your rights to the assets either within the home or to the home itself, if you move out.
My Separation And Divorce Is Volatile. I Need To Move Out Now. Could My Spouse Use It As Leverage, If I Move Out Without My Children?
When we talk about volatility, it can mean a hostile environment or it can mean physical or emotional abuse. Unless there is an abusive situation threatening your safety, our advice is not to leave the marital home until we get a court order in place that establishes your parenting rights. Once you leave your parents with the other parent, it is hard to later claim that there are problems with that other parent’s parenting when seeking custody. We try to move as quickly as we can to get a court order that would establish what each party’s respective parenting rights are. Once that has been established, you can live apart.
Will The Court Order My Spouse To Pay Child Support From The Time Of Separation?
The court will order child support only after the divorce has been filed. Then, there is a court order that establishes that child support should be paid from one party to the other. The court will not retroactively have child support paid from the time of separation. If there is an expectation that child support should be paid, then it is necessary for the divorce to be filed.
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