Kerman, CA Divorce Law Firms & Lawyers

You can move out but I don't usually recommend it especially if you have kids together, you are leaving belongings, you have a mortgage together and/or plan to sell the house. An attorney can advise you as to what is best given your circumstances. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.

Neither of you can kick the other one out, unless there is domestic violence proved. Pending the divorce, neither of you will be forced to move (although the one making more money often chooses to move out). You need the help of your own attorney to determine if the buyout is an appropriate one-half of the assets of the marriage. If your spouse earns more than you, you may also ask for spousal and child support (assuming you are living apart), you may also ask for him to contribute to your attorney fees. Consult a few local family law attorneys, get some free consultations.

Talk to an attorney in your state. Once a child is emancipated, he is no longer responsible for child support. However, the agreement should be binding as a contract and he should still be responsible. Your agreement should have stated what kind of post high school education you'd accept.