Legal Question in Family Law in New Hampshire

moving out before filing for divorce

Does a person have to file for divorce before moving out of the home. If the person does leave before filing, what are the consequences? This person has 1 child ( 15 MO.)


Asked on 3/25/03, 1:10 pm

1 Answer from Attorneys

Catherine E. Shanelaris Shanelaris & Schirch, PLLC

Re: moving out before filing for divorce

A person does not have to file for divorce before moving out of the home. However, if you move from the home without the child with you, you may be setting up a precedent that the person in the home may be able to stay there with the child during the divorce. It is difficult to answer your question completely without knowing all the facts. You are still entitled to proceeds or a share in the equity in the home even if you move out.

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Answered on 3/28/03, 6:00 pm


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