Denver, CO asked in Divorce for Illinois

Q: Husband is cheating. Would it hurt the case in divorce proceedings if wife moves out before the divorce?

My elderly sister and her husband have been married for 30 years. Her husband has been cheating for years and expects her to be OK with it. They have gone to counseling, but he does not feel the need to change his behavior; he thinks she should change. Husband has large inheritance. My sister is a retired nurse and would need to go back to work if she moves out. She am uncomfortable living with him because he communicates with his mistress when she is around. He gave her money to be OK with the situation (so bizarre). Someone told her that moving out before the divorce would be considered abandonment. Thank you.

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1 Lawyer Answer
J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: The legal concept of abandonment in divorce is all myth. She would lose no legal rights whatsoever if she were to move out.

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