What can I do if I want to move out and not be labeled with abandonment? 6 Answers as of June 25, 2014

I am currently going through a messy divorce. I am the only one that works, drives or has any income. Can I move out due to the home environment being so hostile for me and my son? I do not want to jeopardize my forthcoming 50/50 custody. I especially do not want to be labeled as abandoning the family. How can I move out, arrange for support and split time with my son until this all goes to court. Also, she refuses to work and feels that between assistance from the state, my spousal and child should be enough to live on. She does not feel she should have to work even after the divorce. I just want my own place. She wants me out so she can get on welfare. I want to leave but do not feel comfortable until she has a job because I know she just wants to collect.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Steven Alpers | Steven Alpers
That would not be abandonment. She will be pushed to become self-supporting eventually. That may not occur for a year or more.
Answer Applies to: California
Replied: 6/25/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
If you are living in a hostile environment, you should move out. That is NOT abandonment. During the course of the divorce, you can obtain temporary custody, visitation and support orders regarding your wife and child. File the required request for orders.
Answer Applies to: California
Replied: 6/25/2014
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can move out. People getting a divorce do that all the time. However, you may have problems regarding the 50/50 custody that you expect to get, especially if you are working and your wife is not. Also, your wife will likely file a RFO seeking Child Support, Spousal Support, and Child Custody after you move out.
Answer Applies to: California
Replied: 6/25/2014
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
If she goes on welfare, the County may sue you for reimbursement of benefits. Leaving due to divorce is not supposed to be treated as abandonment. You need to file for hearing to get her ordered to make job contacts and find employment. No guarantee you will get 50/50 custody, it's based on best interest of the child. Suggest you talk to an attorney.
Answer Applies to: California
Replied: 6/25/2014
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
You apparently already have litigation started and that there is an upcoming custody hearing. In that case there are automatic temporary orders in place and you should not change the status quo or do anything to jeopardize what you can accomplish at the hearing.
Answer Applies to: California
Replied: 6/25/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If you elect to move out of the family home, you should find housing in very close proximity to where you currently live so you can continue a shared parenting plan. Family law requires that both parties become is gainfully employed as possible. Your ex is required to be employed to her fullest capacity. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 6/25/2014
Click to View More Answers: