What are my legal rights ifI move out?

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What are my legal rights ifI move out?

We have been married 15 years and have 3 children, 13 and 3 year-old twins. We are in therapy for issues within our marriage. I am moving out and taking the kids with me. Am I breaking the law? I am not filing for divorce; he says that if I move out that we should just be divorced. What do I need to know?

Asked on October 1, 2010 under Family Law, Tennessee

Answers:

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

Answered 10 years ago | Contributor

I am sorry for your troubles.  There is no problem if you move out other than you losing some leverage in a divorce.  But there could be if the other parent objects to your taking the children, especially if you intend on crossing state lines.  If you are at the stage of leaving then I would suggest that it is time to seek legal consultation from an attorney in your area.  You need to know what your rights are here.  Maybe if your state allows you to enter in to a separation agreement which would preserve yours - and his - rights to property and custody and visitation so that there are no battles later on if the time should come to divorce.  Good luck.  


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