If my wife and I are having problems and she asked me to move out temporarily so we can sort things out, am I at risk?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my wife and I are having problems and she asked me to move out temporarily so we can sort things out, am I at risk?

My wife has asked me to move out temporarily so we can sort things out. Am I at risk of losing my house and kids because I agreed to move out?

Asked on April 1, 2012 under Family Law, California

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

Moving out of the house won't effect your ownership rights, but could effect the division of property in a divorce.  Leaving the children with her will make a custody attempt by you almost impossible.  If you don't want primary custody, then it shouldn't make a difference.  Be sure that you provide funds for the support of the kids when you are not living there.  You should talk to a good family law attorney in your area before making any move.

Christopher Vaughn-Martel / VAUGHN-MARTEL LAW

Answered 9 years ago | Contributor

A question like this does not lend itself to a simple yes or no answer.  The true answer is yes, changing your living situation before a court has had an opportunity to look at the situation and issue temporary orders could have an impact on how custody, visitation, and support issues play out.

My strong advice would be for you to meet with a family law/divorce attorney before you do anything.


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