My husband has just recenly brought up divorce but says he’s wanting to work it out, after talking things through with me. He says he can’t really think clearly with me here and wants me to go away for a month. I had already planned on going somewhere for about 2 weeks for some vacation time prior to him bringing this up. Now he wants me to go to my mom’s for an extra 2 weeks. I don’t want to get screwed over for being out of the house for for 30 days or get hit for abandonment. I just need some legal advice, because I don’t really know what’s going through his head and why he feels it’s necessary for me to be gone for this long. Thanks!

Leaving the marital residence is always tricky because he could say you left with the intent to setup residence elsewhere, and threaten you with domestic criminal trespass when you come back.

What is it with husbands, why can’t they just leave. I am going through something similiar and my stbx won’t move out. I refuse to leave my kids or the house for fear of abdonment issues. A couple of days or a weekend is one thing, but I wouldn’t trust any extended period. Good luck

I am in the same exact situation as well, and if I did choose to leave there are no choices for renting at all in my child’s school district, and their best friends live in our neighborhood as well. They would be giving up friends, pets, school, all the everyday comforts and stability, and at a time when they would need them the very most.

I think this applies to both spouses (husband or wife) as I am in a similar situation… my wife won’t leave for precisely that reason! I wonder if there’s something that we could both sign that says that both spouses agree that it is best for someone to leave and it won’t be considered abandonment by either spouse. It would help both spouses have a clearer head to hopefully make better decisions regarding a separation agreement and likely be better for the kids to not be around all the fighting and anger in the house.

Is this possible?

I tried to get my husband for Domestic Criminal Trespassing. He left, moved in with his girlfriend for a month and then came back. Since he left some clothes, underwear and tools, technically/legally he didn’t move out and the Sheriff told me I had to let him back in the house. So if you do go on vacation, just pack what you need and let the sheriff office know you are going on vacation-not moving out.