I Think It’s Time to Leave

I hear that phrase a lot in my practice. People call or they come in and they are lost. They do not know what to do when they are getting ready to move out. Some questions I get asked are: Should I take the kids? Should I take the money out of the bank account? Should I take the furnishings? Can I lock my spouse out of the house?

While I cannot truly answer those questions without meeting with you to discuss the specifics of your case here are a few things I can tell you.

• Do not worry about all of your property. It will be dealt with during the divorce process
• Neither parent has a superior right to possession of the children. Until there is an Order of the Court giving one parent the right to determine the primary residence, both parents have equal right to determine where the child lives.
• Do not drain the bank accounts, but make sure you have enough to live on as well. The Court will divide assets, including bank and retirement accounts, if you end up in a trial. If you waste assets the Court will look at that in making its determination.
• Get current statements on everything before you move out. By everything I mean, electric bill, mortgage, retirement accounts, bank accounts, cell phone, credit cards, etc. Everything you get a bill for or a statement about, get the most current one.
• Get copies of your last five tax returns. Many people have let their spouse do their taxes and do not know the password to get in to get the taxes, but you are going to need tax returns. If you have to order them from the IRS.
• Consult with an attorney, if possible, before you move out to find out how to best handle the situation. Every situation is different and therefore there is not one right or wrong way that works for every situation.

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