My Husband and I are in the process of getting divorced but I need to move out with my child right now. Will this effect how the judge rules on the divorce?

 

Prior to your divorce you don't have to move out of the marital home. However, there are times when it is important for you to leave, especially when you feel threatend or there is domestic abuse etc. Leaving will have no impact on the divorce action. 

The Court will hear the divorce and will provide a dissolution of the marriage and an untangling of the of the rights and obligations derived from the marriage.  If you and your husband are not filing a Separation Agrrement the following will happen.

1) the court will divide all property and debt that was accrued by either party during the divorce fairly and equitably. 

2) the court will address the issues of custody (the court will decide this issue under the best interest of the child standard). The court will also decide visitation if one parent receives physical custody. The court will have to decide how the children will spend vacations, and time with each parent so the children can maintain happy and healthy relationships with both parents.

3) Child support will be awarded based on the MA child support guidelines and there's  specific formula the cour will use. 

 

It is important to note, that every case is differnet, and there may be some other factors that might make a court change some of the items listed above. It is will be essential for you to speak with a DIvorce Lawyer to advise you on your rights. Please contact me for a free consultation today.