If I move out of my house, would it be considered abandonment?
Question Details: My wife and I are seeking to get divorced. this is mutual and will be uncontested. It is my understanding that you must be separated for at least one year if you have a minor child which we do. I would like to move out as this would significantly reduce tension in our household, but I am concerned this would be considered desertion or abandonment. Is there anything I need to do in order to legally reside somewhere else?
A Separation Agreement is always a good idea...just in case.
What I'd suggest is a separation agreement, which can resolve all of the issues in the divorce other than the actual dissolution of the marriage: property division, alimony, child custody and visitation and support. It may also be possible to include language in the agreement that says you have the right to move out, and that moving out isn't grounds for asking a court to change or vary from the agreement.
These agreements have far-reaching effects and have to be worded carefully and properly, and it's usually a good idea to have a lawyer write it. In any case, I'd advise you to talk to a lawyer in your area, before you move out, for an accurate understanding of what the possible consequences might be.
