Can I move out of my house based on mental anguish?

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Can I move out of my house based on mental anguish?

My wife is seeing another man. I have seen the text and content of this relationship. She continues after getting caught. I cannot live in the same house when she is indulging in  this behavior. I do not want to wait for court, lawyers, etc. I wish to leave now. What are the penalties / legal implications?

Asked on December 8, 2010 under Family Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are a free adult. You can move out at any time you want--there is no law requiring you to stay. If you do move out and you and wife later divorce, you behavior in moving out will be one factor weighed during divorce proceedings or brough up during settlement negotiations--as well her infidelity.

So yes, you can leave this minute if you want. It will simply be one of the many factors weighed later. Do consider first the practicalities of moving out: maintaining two households (since if you're currently paying for the home, you'll have to keep paying); still be legally tied to someone you don't trust and don't want to be with; etc. Assuming you can stand it awhile longer, you're much better off discussing matters with a divorce attorney before doing anything. Good luck.


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