Me and my wife are going through issues neither one of us want to file for divorce but want to take a few months apart to work on some things individually. She has asked me to move out temporarily until we decide to get back together. I am willing to do so but want to make sure she cant change her mind one day and say that I walked out on her and the kids and abandoned them as well as walked away from my home. Also we have agreed on an amount I will give her each month to help her with Bill's or support of the kids. I want to make sure this would be legal and able to hold up in court if anything were to go south and she attempts to get me for abandonment and back child support.
Hmmmm. You're trying to play lawyer by drafting an agreement that will hold up in court. You're asking a general question on the internet hoping to learn if you're doing it correctly. This looks and sounds like a disaster waiting to happen. I STRONGLY urge you to hire an experienced family law attorney to guide you in the right direction to determine what should be written (if anything at all) and to set your strategy with you.
The opinion that I express should not be considered to be legal advice that can be relied on. It is based only on the limited amount of information provided rather than doing a thorough review of all of the important information that is required to give accurate legal advice. You should consult with an attorney that has extensive background in the area of the law that your are inquiring about.
I agree and further state that some of us get a lot of people after a Judgment of Divorce has been entered and find out there is a lot lacking from the Judgment they prepared without the assistance of an attorney.
Both you and your wife should consult with separate divorce lawyers. That way each of you can learn how divorce works and what you can expect from the court.
Neither divorce, itself, nor planning for divorce are good do-it-yourself projects. When you consult with a lawyer you will quickly learn that the court reserves issues like child support to itself. You will also learn whether there are likely to be any consequences if you move out before a divorce complaint is filed.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
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