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My husband and I are having marital problems. We live in a…

Customer Question
Hi. My husband and...

Hi. My husband and I are having marital problems. We live in a home purchased together as a married couple with our 2 children. Things have gotten progressively worse in the past 6 months and we have agreed to separate. He is the primary name on the mortgage and deed and since we cant live civilly together I have decided to leave. I have an apartment lined up and will be taking our kids with me. We have been communicating and have agreed to the move and a visitation and financial agreement that we have typed up. My questions are , am I going to be penalized or considered abandoning my home by leaving? The agreement we make , although not from a court ve considered a binding contract. And basically what should I do? We are not legally filing for seperation or divorce at this time, just living separately for now. Basically are my actions going to cost me down the line.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No papers have been filed. We have just talked and agreed to live apart

Lawyer's Assistant: Family law varies by state. What state are you in?

New jersey

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's all.

Submitted: 2 months ago.Category: Family Law
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Answered in 50 minutes by:
5/31/2018
Family Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

am I going to be penalized or considered abandoning my home by leaving?

Answer:

No, leaving your house does not mean that you have abandoned your property rights to it, or to any other asset.

The agreement we make , although not from a court ve considered a binding contract. And basically what should I do?

Answer:

Yes and no.

The agreement that you two have made is something that the court can look at and consider, should either of you choose to move ahead with filing for divorce or custody.

Since it is not a final court order from a judge, it is something that can potentially change. For example, if one party deems that the other parent is acting in a way that's not in the best interest of the child, they may end up deviating from the parenting plan, filing a motion with the court, etc.

To help make this contract stronger in case you'd like to use it for evidence in a custody or divorce matter later on, you can consider having it signed by both of you and notarized.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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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).

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