If Imove out prior to my divorce, can this hurt me in the divorce settlement or in obtaining joint custody?

UPDATED: Aug 8, 2011

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If Imove out prior to my divorce, can this hurt me in the divorce settlement or in obtaining joint custody?

I was married for 24 years and had an affair. I have a 15 year old son I will support and want to share custody. I will also be paying alimony. I am moving out of the home as it has become an impossible situation for all of us. Will my moving have any affect on the divorce or custody?

Asked on August 8, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In all likelihood your moving out of your home will have no affect upon your pending dissolution as to dissolution and custody issues from a penalty situation.

The move out will most likely have an affect upon your son in that his family life will be dramatically changed. Try to understand this if his demeanor changes.

In dissolution proceedings the court determines numerous issues such as ending the marriage, dividing up the assets and liabilities of the spouses, establishing child custody, visitation, child support and perhaps spousal support.

All of the above have no bearing if you or your spouse move out of your home prior to the actual decree of dissolution.

Good luck.


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