How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
Type Your Family Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

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

Resolved Question:

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
Expert:  Ellen replied 8 years ago.

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.
Customer: replied 8 years ago.
what if there is no property just vehicles and i have 2 minor children.
Expert:  Ellen replied 8 years ago.

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 and 5 other Family Law Specialists are ready to help you

Related Family Law Questions