Q: What should I consider before moving out of jointly owned house with our child? Can this hurt me if we later divorce?
My husband's drinking is out of control and endangering our child. He won't leave, and I think it's best for us to temporarily separate. Can this decision impact a later divorce, custody, or division of assets? What else should I consider before moving?
A:
You can separate without having a formal Separation Order. In fact, if you file for Divorce, the law gives either of the parties the right to ask the court for a sort-of "time out," where the parties will be prohibited each from filing any kind of paper for a period of ninety (90) days, here's what it says:
"In any action of divorce where grounds for divorce have been established, if the court finds that attempts at reconciliation are practicable and to the best interest of the family, the court may stay the proceedings for a period not to exceed ninety (90) days where there are minor children in the family.
The reconciliation procedures herein provided shall not be construed as a condonation on the part of either spouse of acts that may constitute grounds for divorce."
So, the very last sentence says that the reconciliation attempt can be used by the other side to point to the fact that "all is forgiven" etc., and whatever grounds for divorce which existed prior to the attempt to reconcile, still exist and your divorce would not be hurt by the attempt. Good luck to you!
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