Will I be hurt in divorce proceedings if I move out?

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Will I be hurt in divorce proceedings if I move out?

I am married man; the father of 2 boys. My wife is verbally and physically abusive. She has admitted to cheating on me, to my mother and sister-in-law. I’m attempting to leave the situation before she gets even more violent. I have a stable job and am attending college. If I leave with some things (i.e. computers and my cat), then seek a legal separation, is it possible that this would hurt me if she takes me court? Should I get a lawyer? Does it have to be in my current county of residence?

Asked on October 1, 2012 under Family Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your moving out of your home should have no affect upon your pending dissolution, particularly under the circumstances.

In divorce proceedings, the court determines issues such as dividing up the assets and liabilities of the spouses, establishing child custody/visitation and child support/spousal support and perhaps spousal support. None of which have any bearing as to whether or not you move out of your home prior to the final decree being issued.


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