Question:
My wife and I are in the process of going through a separation with the hopes that if I move out of the marital home and we spend some time apart that we can possibly save our marriage.
However, I do not want my “leaving” to adversely affect my rights to my children and the home should we divorce.
Can we put something in writing saying we mutually agree to my moving out and that it should not be held against me in the event of divorce?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Wisconsin divorce laws where I am licensed to practice.
I encourage you to read the book “The 10 Stupidest Mistakes Men Make When Facing Divorce” written by Cordell & Cordell co-founder and principal partner Joseph Cordell.
As Mr. Cordell explains in the book, the number one worst mistake that someone can make when facing a divorce is to move out. It is potentially dangerous to a case because it might impact a party’s ability to have access to his children as well as a claim to the marital residence at the end of the divorce.
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Why exactly are you moving out? Did your wife tell you that you have to leave or have you chosen to leave voluntarily? Is it possible for you to live amicably together in the home?
There are, however, certain circumstances that necessitate one party leaving the home during the pendency of the action. Absent a court order to the contrary, it is not mandatory for you to leave your home but, depending on the situation, it may be the only option that you have.
If your move is a mutually agreed upon decision, you and your wife may stipulate to that fact. However, that stipulation alone does not preserve your claims for custody and placement of the children or rights to the homestead should you proceed with a final judgment of legal separation or divorce.
Both a judgment of legal separation and divorce will address rights to your children as well as a division of assets and debts.
Before you make a decision whether to vacate the home, I highly recommend that you contact a family law attorney immediately to discuss the possible ramifications and your options.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Madison Divorce Attorney Kirsten K. Reneau, please contact Cordell & Cordell.
