I, as Jennifer Safian writes in this excellent article, am often asked the question: “If I move out before we have a signed agreement, will I be accused of abandonment? Am I doing something illegal? People around me say that if I do that, I can lose access to my children as well as my rights to my property.”
As in New York, Massachusetts is a no-fault divorce state, so “abandonment” is not a grounds for divorce.
However, the impact of separating and moving out can be very traumatic under any circumstances. Jennifer offers a few thoughts on what you may want to do if you move out before you have worked out the terms of your divorce, in order to try to maintain an amicable process with your spouse.
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