Can I move out pending a divorce and not jeopardize my property rights?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I move out pending a divorce and not jeopardize my property rights?

I live in SC. My husband has told me he doesn’t love me anymore and wants a divorce. He doesn’t want to leave the home. We have an 18 year old who just started college and a 15 year old who is still in the home. I am the primary caregiver for my son. My husband works a night shift (7 pm – 7 am) on a swing schedule (works 7 days out of 14). He won’t leave the home, so I am prepared to leave, but I don’t want to “shoot myself in the foot” as it were. While I’m ready to move out just to not face him I want to protect myself. Our finances are a huge mess and right now, I can’t afford a consultation .

Asked on September 1, 2010 under Family Law, South Carolina

Answers:

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

Answered 11 years ago | Contributor

I am sorry for your situation.  I have to tell you that it is always better not to leave until at least the divorce papers are filed and the court can award temporary custody of your son and temporary occupancy of the marital home, which you may get. But if you are asking will it give him grounds for divorce, not based upon my understanding of the laws in South Carolina.  What is some solace is that until the residence is awarded to one of you on a temporary basis, you have the right to enter it freely and have a key (meaning he can not change the locks).  Can you try and see if you qualify for legal aid or you can go for a free consultation with an attorney by calling your local bar association?  You would feel better if someone looked at your entire situation and gave you advice specific to your needs.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption