Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

do i need to get a legal separation from my husband if i want

Customer Question
to leave after he has...
do i need to get a legal separation from my husband if i want to leave after he has confessed to an affair?
Submitted: 8 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
3/1/2009
Family Lawyer: Ellen, Lawyer replied 8 years ago
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Hello,

You do not need a legal separation to leave your husband. However it is good idea to obtain a legal separation as soon as possible so that your property rights are protected.
Ask Your Own Family Law Question
Customer reply replied 8 years ago
what if there is no property just vehicles and i have 2 minor children.
Family Lawyer: Ellen, Lawyer replied 8 years ago
Hello,

Absent a court order or proceeding concerning the children, you may take your children and move.


Absent a court order concerning the children, both the mother and the father have equal rights. Each parent, absent a custody order or court proceeding, has the right to relocate or travel with his child as he sees fit.


This means that without a custody order the father can take the children anywhere. This also means that without a custody order the mother can take her children anywhere. There is no legal restriction on either parent relocating with the children to a different house or state.


When a custody action is filed, it must be filed in the home state of the child. The home state is the state in which the child has lived for the six months prior to filing. This is where jurisdiction will remain.

Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Ellen and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Ellen Your Own Question
Ellen
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
36,715 Satisfied Customers
Experience: 25 years of experience helping people like you.

Ellen is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My wife filed for legal separation on November 17th, 2017 in
My wife filed for legal separation on November 17th, 2017 in California. My response was filed for legal separation a few weeks later. I recently decided to amend my response to dissolution. As legal … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My wife wants to void our legal separation and file for a
My wife wants to void our legal separation and file for a divorce and I don't? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
In California, my wife and I are legally separated. Can she
In California, my wife and I are legally separated. Can she file a restraining order against me and our children with no cause, or is there a series of conditions that need be met in advance of that?… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
I am legally separated from my husband and it's been 4
Hi, I am legally separated from my husband and it's been 4 years. My maintenance ended in July of 2016. My ex spouse has continued to pay the original child support amount and has not increased that a… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
My son has been legally separated from his wife for almost
My son has been legally separated from his wife for almost three years. He signed divorce papers about 18 months ago which she apparently never filed, probably because she did not have the filing fee.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
If my wife and I are legally separated in California, and
If my wife and I are legally separated in California, and the judge signs the order stating that the house we co-own is her legal residence, do I have the right to enter the house, as co-owner, whenev… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My wife and I legally separated on November 17th in
My wife and I legally separated on November 17th in California. Shortly after, her company was purchased by a lager conglomerate and her stock options quadrupled in value. She acquired this job and th… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
As to my previous question, without a legal separation or
As a follow up to my previous question, without a legal separation or divorce, is there a way to ensure I cannot be held jointly responsible for any debts or financial liabilities that she may incur?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My wife and I legally separated on November 17th in
My wife and I legally separated on November 17th in California. Weeks after, her company was purchased by a lager conglomerate and the stock options she was given upon being hired years ago quadrupled… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Question about legal separation/ legal divorce in CA: CA. My
Question about legal separation/ legal divorce in CA: … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,297 satisfied customers
Divorce and custody Alaska. Wife filed for legal separation
Divorce and custody Alaska. Wife filed for legal separation and I responded changing to a divorce. Married 12 yrs with 3 kids. 6 yr old, 3 yr old and 11 months. Own a business and business is struggli… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
If I file for a legal separation before my spouse gets
If I file for a legal separation before my spouse gets admitted to a nursing home are my house & car safe from seizure? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I live in California and my wife wants a legal separation. I
I live in California and my wife wants a legal separation. I know they are rare and often lead to divorce, and have many more similarities than difference. The biggest difference I can see is that wit… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I am getting legally separated from my wife in Los Angeles.
I am getting legally separated from my wife in Los Angeles. We are negotiating terms. She will stay in the communally owned house with our two kids. I'm paying half the mortgage and child support. Una… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
Can someone get a legal separation without the property
Can someone get a legal separation without the property settlements and later if there is a divorce do the property settlement at that time?.… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,537 satisfied customers
If I execute a legal separation document is it voided if we
Hi Pearl, If I execute a legal separation document is it voided if we are domiciled for a short period of time in NC? … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
Have a question about legal separation. Kind of question.
have a question about legal separation JA: Because family law varies from place to place, can you tell me what state this is in? Customer: kind of long question JA: Have you talked to a lawyer yet? Cu… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
The attorney is saying i can't have a legal separation and
the attorney is saying i can't have a legal separation and keep my spouse out of my house. i am the sole owner of the property. i cannot have a divorce due to my faith in Jesus. God … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x