If my wife told me she wants a divorce, should I move out right away?

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If my wife told me she wants a divorce, should I move out right away?

Asked on March 4, 2012 under Family Law, Kentucky

Answers:

Barton R. Resnicoff

Answered 12 years ago | Contributor

Do you want to leave?  Do you have somewhere to go if you did?  Those are some of the important questions that have to be asked and answered by you.  Your wife wants a divorce; what about you?  The key is that you have to decide what you want; if it is a possible result; and if so, what is the best way to get it.  You really should consult with an attorney so you can figure out what is or is not appropriate and what is the best thing you can do for yourself.

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

Answered 12 years ago | Contributor

I am so sorry for your situation.  Many divorce lawyers will tell you NOT to leave the house until there is an agreement in place.  That you lose ground if you do.  But no one knows what the situation is between you except you and she.  And you have to live there.  I would not leave, though, until you have spoken with an attorney and been advised as to your rights and obligations - which remain in full force even if you move out (i.e., you still are obligated under the mortgage or lease).  Good luck.


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