Legal Question in Family Law in Illinois

I have 2 small children. f I ask for a separation and I move out, can my husband use "abandonment" against me if we file for divorce? During the separation, I will still be seeing the kids every day and every other weekend which we both agreed on. But I would want joint custody if we divorce. Basically, will it be held against me if I am the one to move out?


Asked on 10/11/12, 5:23 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Are you willing to let your husband has residential custody of the children? If not, then don't move out. Abandonment is not an issue. You are leaving with an agreement for the care and control of your children. I assume that your husband will know where you are at during this time since your intent is that you will be seeing the children on a regular basis.

Before you leave, if you think that for any reason your husband will go back on his work, you should contact an attorney and get a written agreement before you move out.

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Answered on 10/11/12, 6:12 pm


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