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Do I make/let my husband move out of the house before talking to a lawyer?

Idaho Falls, ID |
Filed under: Divorce

I asked for a divorce from my husband. We have been married for 10 years, we have 4 kids, 2 of them together. I have requested that he be the one to move becuase I have the children. Should I wait untill I have spoken to a lawyer before actually asking him to leave?

Attorney Answers 1

  1. A divorce is not something he "gives" you; it is something you go to the court and get. How courteous and cooperative you want to be in preparation for the court proceedings is a judgment call on your part. One strategy that may pay off is to work with your attorney to prepare a proposed Child Custody, Parenting, and Property Settlement Agreement that covers the present use of the residence and the ultimate disposition. If he does not cooperate, any adept family practitioner should be able to obtain temporary orders soon after the divorce is filed for exclusive use of the residence by you and the children (as well as orders for payment of existing debt, child support, spousal support, and attorney's fees if appropriate.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.