Legal Question in Family Law in Arizona
Can taking a vacation to clear my head be used against me in a divorce?
My husband & I are at a brink of a divorce & my husband said I should go spend several weeks to a month with my friend in England to clear my head & get a break from the stress. My mom says that I shouldn't do it because he could use it against me to get custody of kids & possession of the house in divorce because of ''abandonment.'' is this true? I really do feel I need a break to contemplate what is best for me & the family. Please advise.
4 Answers from Attorneys
Re: Can taking a vacation to clear my head be used against me in a divorce?
First of all, there is no such thing as abandoment of your property, although I suppose if you were gone long enough something bad could happen like a default against you. You would not be deemed as having abandoned your children either for being gone a short while.
That being said, if you are seriously talking about divorce right now, I would be focused on getting your ducks in a row, so to speak, like gathering documentation, rather than going off to England. I don't know if you can trust your spouse but one reasonable explanation is he really does want to see you have a respite. The other is that he is setting you up.
Before you go anywhere, I would consult with a good lawyer and find our your rights.
Let us know if there is anything we can do.
Regards
Ronee
Re: Can taking a vacation to clear my head be used against me in a divorce?
First of all, there is no such thing as abandoment of your property, although I suppose if you were gone long enough something bad could happen like a default against you. You would not be deemed as having abandoned your children either for being gone a short while.
That being said, if you are seriously talking about divorce right now, I would be focused on getting your ducks in a row, so to speak, like gathering documentation, rather than going off to England. I don't know if you can trust your spouse but one reasonable explanation is he really does want to see you have a respite. The other is that he is setting you up.
Before you go anywhere, I would consult with a good lawyer and find our your rights.
Let us know if there is anything we can do.
Regards
Ronee
Re: Can taking a vacation to clear my head be used against me in a divorce?
First of all, there is no such thing as abandoment of your property, although I suppose if you were gone long enough something bad could happen like a default against you. You would not be deemed as having abandoned your children either for being gone a short while.
That being said, if you are seriously talking about divorce right now, I would be focused on getting your ducks in a row, so to speak, like gathering documentation, rather than going off to England. I don't know if you can trust your spouse but one reasonable explanation is he really does want to see you have a respite. The other is that he is setting you up.
Before you go anywhere, I would consult with a good lawyer and find our your rights.
Let us know if there is anything we can do.
Regards
Ronee
Re: Can taking a vacation to clear my head be used against me in a divorce?
Hi there,
Ronee is right. There is no "abandonment". That is a term that deals with adoption and severance of parental rights but a month long trip to England would give him a heck of a long time to assume the role of primary caretaker, file for divorce and obtain emergency temporary orders in your absence. While a trip to England may be stress-relieving under normal circumstances, now is not one of those times.
I would appreciate the opportunity to speak with you more in detail to see what my office can do to help you out or answer any other questions you might have. Please call me. Even if it's after hours, I'd be glad to talk to you. I know you're at a difficult place right now. On the bright side, he may still be willing to work things out amicably.