If my husband wants a divorce, is it legal for him to try and move without a divorce or custody issues even being finalized?

UPDATED: Sep 29, 2022

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If my husband wants a divorce, is it legal for him to try and move without a divorce or custody issues even being finalized?

He has told our son things that he hasn’t even told me, such as that he will move out of state to be where his girlfriend is. As far as I know, no papers or lawyers have been delt with yet, still he tells him that. Not to mention we have a 2 year lease left on our house.

Asked on September 12, 2015 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, he may move he is an adult, and an adult may move where he wishes, live with whom he wishes, etc. even if married. Of course, if and when you do divorce, his actions in this regard will be factored into the case and may influence his spousal support alimony, child support, and custody obligations. So he can do this, but there will be consequences to him for doing so.
The lease is an issue, if he refuses to pay and you cannot pay it yourself you will be evicted if you can't pay rent, and could also be sued for the rent due under the lease. You should speak with a family/divorce law attorney about divorcing your husband and how you can get an interim court order while the case is still pending requiring him to keep paying the rent you should also probably speak to friends or family about whether, if you needed to, you could stay with them for a time.

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 AttorneyPages.com 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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