Ask a Divorce Lawyer: Why is my wife insisting on getting it in writing that she lives in our home with our daughter?

Jason BowmanQuestion: My wife will not sign the divorce agreement until it is written that she has a permanent address at her home with our daughter. 

What’s the advantage she’s trying to get, if any?

 

Answer: First let me state that I do not practice in Pennsylvania, but Cordell & Cordell has attorneys located in the state that would be willing to discuss this issue with you. 

Child custody laws very from state to state and while parents may agree on joint custody, one parent may want to be named the primary residential custodian. This designation could have some serious effects as it relates to your children from who could claim the child for income taxes (under the IRS Code) to where the child could go to school. 

It is always important to discuss any marital settlement agreement with an attorney before signing the agreement, so that you may get some advice on any long term effects that may arise, that you may be unaware.

 

Jason Bowman is an Associate Attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. Mr. Bowman is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business Administration from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University. Mr. Bowman practiced Domestic Relations for four years with a Louisville firm, and practiced general law for one year. He is an adjunct professor with Indiana Wesleyan University where he teaches business law.

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