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I want to leave my husband, but do not want to lose my rights to our house and I would like to take the kids, can I do this

Lombard, IL |

I do not want to be charges with atonement or kidnaping...not sure if I can leave..

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Attorney answers 4

Posted

you cannot kidnap your own kids if there is no court order saying what dad's time is.

atonement is for yom kippur.

abandonment is a concept in adoption, not divorce.

before you move, go consult with a lawyer.

Posted

You will not be guilty of abandonment if you leave the home because there is no such thing as abandonment in divorce law. Don't feel bad, most non-lawyers ask the same question. As for custody, you are free to take the children with you until a judge says otherwise.

Judy A. Goldstein

Judy A. Goldstein

Posted

Actually, although very rarely alleged, I believe abandonment is still on the books.

J. Richard Kulerski

J. Richard Kulerski

Posted

So one would think, but I have never found it (at least as a legal concept is concerned, as it is in personal property, where one discards his umbrella in a train station rubbish container, only to find out it is raining outside).

Judy A. Goldstein

Judy A. Goldstein

Posted

That is not the concept of abandonment in the context of dissolution of marriage.

Posted

I believe you mean abandonment. Antonement has religious connotations. You can leave and you can take your children unless there is an order forbidding you from doing do. You really need to speak with a lawyer ASAP.

Posted

Yes, you will not lose the rights to the house if you leave. The home is marital property if it was acquired during the marriage. Moving out will not change that characterization. However, there are some good reasons to stay in the house, if you can, depending on the circumstances. Talk to a lawyer, divorce is a difficult process and you shouldn't go through it alone. Do you have a place to move to?