Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

My wife and I are on the verge of a separation and she wants me to leave the marital home, but I am considered moving out would be considered abandonment.

I have read that moving out of the marital home is one of "The 10 Stupidest Mistakes Men Make When Facing Divorce" but I cannot imagine living in the same house as my wife while we're going through a divorce.

But actually how damaging is it for one party to move out? Is it considered abandonment to leave the marital home?

Question:

What marriage separation advice do you have for pursuing grounds of abandonment in a divorce?

My wife and I have filed for divorce. Since the time of our separation roughly 6 months ago, she has only come back to the marital home for a few days to spend minimal time with our children.

Do I have grounds for abandonment?

Question:

I would like a legal separation pending my divorce.

Can I legally leave a bad marriage and the marital home without a concern for abandonment?

By Jennifer Paine

Attorney, Cordell & Cordell

It is not uncommon for one spouse to leave the marital home during the divorce. The divorce process is trying enough, without having to share a living space with the person you are least likely to want to see.

Most clients usually want to know if moving out of the home qualifies as abandonment.

Although the decision whether to move and the move’s effects on the case depend on the unique facts and circumstances of the case, there are certain themes all cases have in common.

Moving out of the marital home has also been called one of "The 10 Stupidest Mistakes Men Make When Facing Divorce" by Cordell & Cordell co-founder Joseph Cordell.

Question:

I have been married for a very long time, but my wife has slept in another room for many years. There has been no intimacy, sexual contact, or affection for over 8 years.

Does this qualify as constructive abandonment?