Legal Question in Family Law in Michigan
Abandonment
After a divorce is filed can one or the other party move out of the family home without being accused in court of abandonement. In particular, can the wife move out, taking her children (his stepchildren), with her,without being penalized monetarily. They have no biological children between them.
2 Answers from Attorneys
Re: Abandonment
To Whom It May Concern:
This is in response to your email of September 12, 2001, which this office received on October 26, 2001.
You will not be accused of abandonment if you move out of the marital home and take your children (his stepchildren). Please be advised that you will not receive child support from the stepfather. Furthermore, if an Order to Maintain the Status Quo was entered at the time when the Complaint for Divorce was filed, you must continue paying in full or sharing those expenses as you did in the past until your divorce is final unless you have objected to the order or filed a motion to set it aside.
If an Order to Maintain the Status Quo has not been entered with the court, your husband could file a motion requesting that you assist in paying the current expenses for the marital home. The court will decide which, if any, of the marital expenses you should pay based on the parties incomes and expenses.
Sincerely,
Michael D. Eberth
(313) 561-5700
Re: Abandonment
The fact that the wife lst will have no effect on the ultimate property distribution. It may be difficult for the wife to get the husband to pay for her new surroundings, unless his behavior forced her out.