Q: Wife told me she is moving out on the 1st, it is the 27th. What about the household bills she is responsible for.
Is 30 days notice needed? I have not been served divorce papers but she has scripted a custody agreement I have not consented to. She plans to take the kids on the 1st
A: No one is automatically obligated to pay bills for a home they are leaving. If her income vastly exceeds your, it is possible that the court can order her to pay some of the expenses of the marital home. You may have to prepare to pay the bills ourself, as well as child support unless you work out a joint custody schedule. I suggest you hire an attorney immediately.
A: If no divorce has been filed then you can't even petition the court to have her pay any of the expenses at the marital residence. If you want your spouse to pay some of the things she was paying during the marriage, you will need to file for divorce, have her served, file proof of service, and then ask the court for a temporary order regarding expenses at the residence where you were both living. And no, she doesn't have to give you any notice to move out. She can just leave. And she can take the children with her. However, again, since neither of you have filed for divorce, you both have the same rights to the kids. So even though she can take them with her, no court has given her physical custody of those children over you. I would suggest you hire an attorney if you're reason to move forward with a divorce because any piece of paper she or you signed is not enforceable.
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