I just file for divorce. He has already been served with the paperwork and court date. We bought a house back in 2004 that we are currently paying for and the mortgage is under both our names. Can I move out and shut down the services/utilities that are under my name so I can open new ones in a apt until the divorce settles through?
Typically, the answer is "No." When you filed the Petition for Dissolution, the filing included the Automatic Temporary Restraining Orders (what you will hear lawyers call "ATROS." Those ATROS generally preclude you from turning off utilities or refusing to make mortgage payments, but there are legitimate ways to give notice of your intent to do so - I strongly suggest you meet with attorneys in your area before you walk into a potentially serious problem. Make sure you tell the attorney whether your husband still lives in the house, whether he is working or capable of working full time, and ay other significant factors than may apply.
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