Q: Can I and my two children move out if the family home while the divorce is being processed?
A:
Have you filed for your divorce yet? If not, I would advise to contact an attorney to get the paperwork started so that your spouse may not have an idea of what you are planning and beat you to the punch. If there is any type of abuse, you could file a complaint for a divorce and then file an ex parte motion to get temporary custody. You would also want to file some other forms of motions contemporaneously to insure you could receive monetary support to help you and your children. Additionally, you may also consider filing papers to have your spouse removed from the marital home in order to give you and your children a place to live while the divorce is taking place.
To answer your question, yes, you can move out while the divorce is being processed. However, to give you the best advice, you should consult a divorce attorney who knows your legal rights. Feel free to contact me to discuss your issues and concerns. I would be happy to help you come up with a plan of action that would best suit your situation.
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