FAQ: “Am I Abandoning my Home, Family and Children if I Move Out of the Marital Residence before Filing a Divorce?”

This is a question we get asked often. The real issue comes down to:  “Are you willfully abandoning your spouse or children without providing for them?” Moving out does not require the permission of your spouse but a conversation with him or her is recommended. Michigan law provides that if you leave your spouse without notice and you do not provide your spouse and children shelter, food, care and clothing when you are financially able to do so, it is a crime – called “desertion and non-support.”  MCL 750.161

What does this mean for you? Does it mean if you move out before you file for divorce are you guilty of abandonment? No. Leaving a bad situation when you continue to provide financially support to your family is not abandonment. However, not doing it right may negatively impact custody, your ability to return to the home, and create long term property concerns.

If you plan to leave the marital home for more than a short “cooling down” period, say a weekend or an overnight, you should consult legal counsel. Without proper legal advice, your move may negatively impact custody and your interest in the marital home and property.  It is imperative to speak to legal counsel to guide you through your move and discuss with you both the short term and long-term implications.

We at Banfield Couling Law and Mediation are here to help navigate your next move and discuss the legal implications on all fronts.   

PLEASE NOTE: This blog is not intended to constitute legal advice.  We do not recommend making important decisions of the type addressed in this article without specific legal advice in advance.