when can I leave?

[saltydog123]

What is the name of your state? New York

I am in the process of legal separation, my spouse is the one "filing" but it is no-fault. We have 2 children. Do I have to wait till I can move out of the house?

[LdiJ]

Originally Posted by saltydog123

What is the name of your state? New York

I am in the process of legal separation, my spouse is the one "filing" but it is no-fault. We have 2 children. Do I have to wait till I can move out of the house?

No, you can leave whenever you like...but that doesn't necessarily mean that you can take the kids with you (if that was your plan) or that you won't still be obligated for some of the expenses of the household.

You really didn't give any details so I really can't give any more advice than that.

[saltydog123]

I was not intending to take the kids with me. I am working out the financial support right now. I have been told that If I move out of the house before the papers are filed, It will be looked at as abandonment. I need to know if this is the case.

[stealth2]

You will definitely be sending a signal that your stbx-wife is an appropriate custodian for the kids - so if you're looking for any sort of residential custody, moving out would not be wise.

However, you can file for temporary orders since the divorce isn't going to happen overnight. Once you have those, you can move.

[LdiJ]

Originally Posted by saltydog123

I was not intending to take the kids with me. I am working out the financial support right now. I have been told that If I move out of the house before the papers are filed, It will be looked at as abandonment. I need to know if this is the case.

If by abandonment, you mean the kids...then Stealth's answer is the appropriate one. However if you don't plan on trying for residential custody then it really doesn't matter.

If by abandonment you mean the actual house itself, or any other property, then no, its irrelevant if you move out now or later.