If I move out-of-state before my divorce is final, will it hurt me in court?
Question Details:
My husband says that in order to file for divorce in FL we can't be in the same house. He wants me to move out and I want to move out. If I move out, I will be moving to OH where my family lives and to find employment and start over. Will this hurt my case if we have already agreed on the terms of the divorce? He will keep the house. Can I move out immediately with my personal effects and come back later to pick up the rest of the items agreed on?
Not until an agreement is signed.

I'd have the agreement reviewed by a lawyer, in Florida, to be sure it's properly executed and otherwise enforceable. Assuming it is enforceable, then moving out before the divorce is filed won't change that. The real question is a much more practical one: can you trust your husband to honor the agreement, about the rest of the items, later on? Having to go to court to force him to do that would be a real headache, and maybe not even worth it, depending on what the left-behind items might be. Of course, you can do an end run on that, too, by renting a storage unit, and removing what's yours before you go to Ohio.
If your agreement was properly drawn up, it should include a provision that specifically gives each of you the right to live separate and apart.
Courts like settlement agreements. They like them a lot, especially in divorce cases, and usually will enforce them if they are reasonable and fair.

Are you a lawyer?
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