Should I Leave The Home?

divorce vs legal separationQuestion:

My wife and I are talking about getting a divorce and whether or not I should move out of the house. We have four children and both want what’s best for them, but I’m worried it will not look good if I leave.

What is the best way to handle this?

Answer: 

While I am not licensed to practice law in your state and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice.

You are correct, it will “not look good” if you move out. In fact, by taking this action you are practically handing your wife full custody of the children; unless you maintain equal over-night visitation for all 4 children immediately after you move out.

Omaha divorce attorney Nancy Shannon
Omaha divorce attorney Nancy Shannon

However, even if you and your wife agree to the equal visitation, she may not follow through on the plan once you move out.

Prior to moving out, it is imperative that you obtain an enforceable temporary agreement spelling out your equal parenting time. Do not move out until this is in place.

Family law is based on statutes that are state specific. I am licensed to practice in Nebraska and am not able to give specific and detailed legal advice regarding your situation. You need to contact an attorney licensed in your state who specializes in domestic litigation. Cordell and Cordell, PC has offices in your state for you to contact and set up a consultation.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Nebraska divorce lawyer Nancy Shannon, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

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