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Lackingcourage posted 7/8/2013 23:31 PM

I am strongly considering asking my WS to move out, at least for now. A friend said that if he has talked to a lawyer (which I don't think he has, but he's lied about so much, who knows) that the lawyer would advise against because that would be considered abandonment and it would be looked on unfavorably in a divorce settlement in regard to WS. Can anyone shed any light on this?

newlysingle posted 7/8/2013 23:34 PM

I've heard this before too, but in AZ it doesn't work that way. My STBX moving out of the home when we separated made no difference in the divorce settlement.

Nature_Girl posted 7/8/2013 23:55 PM

I kicked STBX out of the house when we separated. He's never been back. It seemed to make no difference.

Take2 posted 7/9/2013 07:16 AM

Made no difference here - in some states "abandonment" is defined by moving out and having no contact/support for a year.

I see it advised here all the time, but I wonder if it is outdated...? In my state Temp. Support Agreements cover living situations during Separation.

Phoenix1 posted 7/9/2013 07:26 AM

^^^This is the legal definition of abandonment in my state.

So even though POS ran away in March and has not been back since, it has no bearing on the divorce process at this point.

Lord knows I threw that word in his face though, just to twist the emotional knife when I was really angry! Legally though it meant nothing.

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