Just like many questions that come up during a divorce, the answer is: “Yes, but…”. Sometimes people think that if they move out in anticipation of divorce, they may be accused of abandoning their children or their home. Under a strict reading of the law, this is not the case, BUT there are risks involved in moving out. “Abandonment” of children or property requires a specific set of circumstances that are very unusual, which include the passage of time. BUT, the Court may consider who moved out in deciding custody and who gets to keep the house. You should carefully consider all the consequences of moving out before you do anything. Speaking to a qualified and experienced attorney is a good first step, even if you are not yet ready to file for divorce.
Michael Olson is a partner with the law firm of Matecun, Thomas & Olson, PLC in Howell. He answers readers’ questions on legal matters affecting individuals, their families and their businesses. Email questions to [email protected], or if your question is urgent, call (517) 548-7400. The information in this column is not intended as legal advice.