Hendersonville, NC asked in Divorce, Family Law and Child Custody for North Carolina

Q: If I move out of the home I live in with my husband to seperate, can I take our children with me? Buy a home myself?

Would he be entitled to the home I bought for myself and children while we were seperated waiting the one year to get a divorce? Should i get a custody agreement in court first before moving out? Can he get me for failing to continue to pay HIS mortgage after I leave? My name is on deed not mortgage i pay because he pays nothing at home with his money

1 Lawyer Answer
Amanda Bowden Johnson
Amanda Bowden Johnson
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: It would be best to have a formal written Separation Agreement done before you move. If you can be fair with each other, all of your marital issues (including child related issues of custody, visitation and support) can be resolved for a flat rate fee of around $250 for most average couples. If one or both of you are too bitter to be fair and reasonable, your other option is pay a crap ton of money each to have strangers decide things for you only to end up with the same or a similar outcome as you could have with the simple $250 Separation Agreement. When you choose to duke it out in court there is no winning only degrees of losing and basically the first to run out of money gets the highest degree of losing. However, if you can't come to an agreement, you can move out with the children as long as it is not out of state but you should not keep the children from visiting unless you have a very compelling and legitimate reason to do so. This will not be an ideal situation, as he will be entitled to the children as much as you are and bad things can happen in that type of situation. Best of luck.

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