Will I Be in a Bad Position if I Leave?

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Question:

My husband, after 23 years of marriage has told me he wants an open marriage where he gets to have other women when he wants.  I don't want an open marriage.  He refuses to leave the house we own. I've been sleeping in the guest room for 4 months. We have 2 kids. One is 18 and the other is 15. I just signed a lease on an apartment and I'm afraid I could be charged with abandonment. Both of my kids are welcome to come live with me anytime and I set up a bedroom for them.  I rent only four blocks from the house, so they can walk back and forth between us. Do I have rights to child support from my husband?  I just want a year of separation for now and then I’ll reevaluate, but I don't want to lose my rights to half of the equity in the house if I leave. Will I be putting myself in a bad position if I leave? – Karen

Answer:

Karen: The custodial parent is entitled to child support.  The person who leaves does not lose rights to equity in the house.  Leaving without an agreement exposes you to claims of desertion and abandonment.  You will have an opportunity to defend against these claims.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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