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Divorce, Marriage, Alimony Law Question from Dunedin, Florida

Asked on 9/6/2009.   This question has received 122 views.
Can my husband accuse me of desertion if I go on a 5 day trip to NY from Florida and leave the kids With him?My husband has recently asked me for a divorce.I have a vacation planned and he agreed to watch the kids.I am nervous this can be held against me.The trip is to go home to see friends and family.

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Attorney Answer given by Tracey Carlisle

Answered on September 7, 2009.

Tracey Carlisle | Law Office of Tracey Darr Carlisle
View Phone Number | AttorneyPages has verified that this person is an attorney.

Some of the biggest concerns may be him changing the locks if you are still living together, cleaning out the bank account and gettting the kids back from him upon your return.  This is not desertion, however.  You may want to consult an attorney in your area.


Attorney Answer given by B. B., Member, New Jersey Bar

Answered on September 6, 2009.

If he's agreed to it, I wouldn't worry too much.  It's usually only considered desertion if you move out, or leave unexpectedly and stay away for a while.  A 5-day vacation isn't desertion.

I can't promise you that it won't come up. Sometimes, incredibly petty accusations get made in a divorce, and the courts are not impressed;  sometimes, people make up accusations in a divorce case, and most of the time the courts aren't fooled.  Your best defense is a good lawyer.




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