Wanting to protect rights while making husband happy


#1

My husband has asked me to move out. I am willing to do this but just want to make sure I’m not giving up any rights by going ahead with it without seeing a lawyer first. Thoughts?


#2

Not a lawyer

I’d guess abandonment is the only claim your husband could pursue if you leave. Abandonment is grounds for marital fault and can exclude alimony if you’re the dependent spouse. Again, I’m not a lawyer, and I don’t know if your circumstances give rise for concern regarding abandonment, but I’d get legal advice before walking out the door.


#3

Also not a lawyer

I’ve heard that moving out may make it more likely for the other party to be awarded the house, and may make it more difficult for you to get any property that is left in the house—once you move out, you have no right to come back even to get your stuff. If there are kids, moving out without them could also make it more likely for the custody order to give you less time with them.


#4

If you can come to agreements with each other about the settlement of the marital estate, support, and child custody, then you should try to do so prior to moving out. If you cannot reach a full settlement agreement prior to moving out, you should at least request that a non-abandonment agreement be executed so that your husband doesn’t have the opportunity to argue abandonment as an issue in the future.