If my husband is refusing to separate,will Ihave move out and uproot my children?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband is refusing to separate,will Ihave move out and uproot my children?

I am a stay-at-home mom of 4 small children; I have no personal income; no family close by. Also, both mine &andmy husband’s names are on the deed to the house. Before I can file for separation, my husband and I must be living apart, per ILlaw. If my husband won’t leave, will my children and I legally be required to move out instead?

Asked on January 9, 2011 under Family Law, Illinois

Answers:

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

Answered 13 years ago | Contributor

Here is the thing: you really should not take the children out of the house and away from their Father.  Unless it is an abusive situation or you believe that their Father is a danger to the children and it is not n the best interest of the children to continue living there, you can not take them away.  You need to speak with a divorce attorney in your area.  Generally your option may be not to file for separation but instead file for divorce and ask for a temporary award of the marital home, temporary child support and temporary alimony.  Then he could be forced to leave for the time being.  Good luck to you.


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 lock Secured with SHA-256 Encryption