Can I move out with my son before the start of the divorce process? 10 Answers as of June 24, 2015

I have not filed the paperwork yet, but I have decided to divorce my husband. Can I move out with my daughter into an apartment nearby, even if he does not approve? I do not want to move far away and will allow plenty of visitation time. We are living in the same home with our daughter, but the atmosphere is a disaster, causing her great distress.

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Sure there is a rational basis.
Answer Applies to: Georgia
Replied: 6/24/2015
Reza Athari & Associates, PLLC | Seth L. Reszko
I would consult with an attorney before you move out. There can be adverse consequences if you do move out.
Answer Applies to: Nevada
Replied: 6/24/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
You are an adult and absent a court order your can move.
Answer Applies to: Michigan
Replied: 6/23/2015
Law Office of Martin A. Kahan | Martin A. Kahan
Since there is no court order, you can do what you wish.
Answer Applies to: California
Replied: 6/23/2015
Attorney at Law | Aimee C. Robbins
Yes and then file for divorce, custody, child support, alimony and division of the marital assets.
Answer Applies to: Maryland
Replied: 6/23/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Yes you can.
    Answer Applies to: Wisconsin
    Replied: 6/22/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You haven't given a full explanation of why you cannot remain in the family home but I am assuming that there's been a tremendous amount of emotional or physical conflict. It's best to find a new location to move to and at the same time file and serve your divorce petition along with a request for order on parenting and support.
    Answer Applies to: California
    Replied: 6/22/2015
    Law Office of Robert E McCall | Robert McCall
    You can move when you desire, the only exception is if a Judge says otherwise.
    Answer Applies to: Florida
    Replied: 6/22/2015
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    You can move with your daughter. You need to make sure that the father knows the address and your contact number. You should also think about starting you case right away since you will not have any custody orders after you move. You should consult an attorney to time your move and court filing.
    Answer Applies to: California
    Replied: 6/22/2015
    Law Offices of Lauren H. Kane | Lauren H. Kane
    Divorce and custody are separate issues. I would suggest that you move out and file a custody petition immediately.
    Answer Applies to: Pennsylvania
    Replied: 6/22/2015
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