Can I move out without it affecting me?

UPDATED: Oct 1, 2022

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Can I move out without it affecting me?

My spouse and I have been married for 23 years. He told me that he doesn’t

love me anymore and wants to separate/divorce after our youngest daughter

graduates this school year. The kids know what’s going on as he told them

without me. He wants to give our daughter a stable home, which seems impossible under the circumstances. We both work full-time, have a house and he also gets VA disability (we are both veterans). He states that there are no 3rd party involvement. I just need general advice as this is awful. I don’t know my rights. I kind of want to move out but I’m not sure if that will be considered abandonment.

Asked on August 26, 2018 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for the situation.  I would strongly suggest that you seek legal consultation with an attorney in your area and bring with you a list of all your assets, your tax return and a list of liabilities.  List everything - in one name or both - and sit with the attorney and explain the situation.  These days there is no need to sue for abandonment because all states have what is called a "no fault" divorce. I believe in Ohio it is called incompatability (also separation for more that one year).  However, many attorneys will tell you that you lose ground when moving out without an agreement in place (a written agreement that is).  I also strongly suggest that you and the kids go to counseling.  They need to know your side and express themselves in a saf environmnent.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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