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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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