Can my grown children and I move out of the house and live separately from my husband even though I have not begun the divorce process?

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Can my grown children and I move out of the house and live separately from my husband even though I have not begun the divorce process?

Over the years, I knew we had problems but now I realize that I have been the victim of emotional and economic abuse, which are forms of domestic violence. With this knowledge, I finally want to stand up for myself, move out with my children, and get away from the psychological suffering. Do I have a legal right to do this without a legal separation or divorce?

Asked on May 17, 2012 under Family Law, New York

Answers:

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

Answered 8 years ago | Contributor

You always have a right to protect yourself and your children from an abusive situation. No Judge in the world would require that you stay in a home like that.  Now, I would seek help from ana ttorney in your area as soon as you possibly can. Good luck to you.


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