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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
