If my wife is going to file for divorce and she is asking that I leave by the end of the weekend, will I be giving up any rights if I do?

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If my wife is going to file for divorce and she is asking that I leave by the end of the weekend, will I be giving up any rights if I do?

Asked on December 27, 2012 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may be weakening your claim to the home, if you want a chance to be the one keeping the home (instead of, say, getting your share of the proceeds or value of the home) by demonstrating that the home is less important to you than it is to your wife, and providing evidence that you have somewhere else to live. And if you have children, you would be harming your claim to custody by essentially "abandoning" them. You should speak wth a family or divorce law attorey before doing *anything*, so you can make sure you only act in ways that preserve all your rights.


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