• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Legal separation before leaving the marital home?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Mendomom

Junior Member
What is the name of your state (only U.S. law)? CA
My husband wants to stay in the marital home & I agree as I can't afford to stay there on my income, but should I get a Legal Separation before leaving with our daughter? A friend told me that it may affect child support and/or alimony in a negative way if I'm the one to leave?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA
My husband wants to stay in the marital home & I agree as I can't afford to stay there on my income, but should I get a Legal Separation before leaving with our daughter? A friend told me that it may affect child support and/or alimony in a negative way if I'm the one to leave?
If you are leaving and taking your daughter with you then no, it would not have any effect on child support or alimony. If you were to leave without your child, it could certainly have an effect on custody, and therefore a residual effect on child support and/or alimony.

I certainly would not move out until custody has been decided.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top