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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34759
Experience:  16 yrs. of experience including family law.
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I want to leave my husband I have no job so I cant get a place

Resolved Question:

I want to leave my husband I have no job so I can't get a place of my own I am seeing another man who says I can move in with him my husband and I have 2 girls 10 & 5 can I leave my husband & move right in with my boyfriend & take my girls with me & not loose custody of them
Submitted: 6 years ago.
Category: Family Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Can you tell me, are you planning divorce? Does your "soon to be ex" agree on the terms? Does he even know about the other man?
Customer: replied 6 years ago.
Yes we are trying to plan the divorce we r agreeing on everything except where I am going to live Yes he knows about the other man & doesn't want me taking the kids to live with this man
Expert:  P. Simmons replied 6 years ago.
OK...well that is the key to this whole dilemma.

Can you agree.

Lets back up...
a divorce can either be contested or not contested.

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This take longer and involves attorney fees for both sides.

SO, if you can agree with your "soon to be ex" on who gets what, including custody?? great! If not, you need an attorney.

Here is why.

Adultery is grounds for a "fault" divorce. If you can not agree, and your "soon to be ex" lawyers up...hires a lawyer, then, were I his lawyer, I would file a motion for emergency custody (since you took the kids without permission to live with the man your guilty of having adultery with). The court may well grant this.

So if you leave, you may go from not needing a lawyer, to needing to hire a lawyer and loosing custody of the kids.

Not good.

Much better if you can work this out and get past the divorce with no bet it will cost less than paying rent for a few months while the divorce progresses, and will allow you to keep custody.

Can you move out? Sure...but if you do, you are taking a huge risk

P. Simmons and other Family Law Specialists are ready to help you