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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118085
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband and I need to separate and possibly begin divorce

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My husband and I need to separate and possibly begin divorce proceedings. He will not leave the house, which means I probably will. My question is, if I go ahead and move out for a bit can my husband charge me with deserting my children? They are 14 and 17. I believe they are of an age where they can choose which parent they would like to remain with, but does it hurt my chances in any way if I move out??
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

First, if you want the house and he will not leave and you do not want to leave the children (even though they are of age where they can express their wishes to the court) then you need to file for the divorce and along with the petition for divorce you file a motion for temporary possession of the marital home and temporary custody. If you just leave the home, while you would not be charged with abandoning the children since you left to prepare for divorce, you would not likely get back into the house again and courts usually do not like to remove children from the family home to minimize he change in their lives.

Thus, it would not really hurt your chances badly, but it could mean the children have a better chance in staying with him in the marital home unless they express to the court wishes to leave and do not want to stay with him.

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