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When/how should/must I inform my husband that he needs to move out (prior to filing for divorce)?

Q: I am a working mother of small children. Currently my husband resides with me in the same home, with our children – a situation that creates a lot of friction that seriously affects our life. The marriage is not sustainable any longer, but I am not sure he agrees. I plan to file for divorce but am still researching the process before I make this move. My apartment lease will be up at the end of next month, forcing my hand at some decisions. I plan to rent a new apartment for me and the kids (in the same neighborhood) and to inform him he won’t be joining us in this home.
1. Can I do this before formally filing for divorce?
2. Is there a time frame before the move by which I am legally required to inform him that he’s not welcome into the next apartment? (he does have the option to temporarily stay with his parents, who live ~1/2 hour away)
3. I plan to allow him to see and spend time with the kids, daily, if he wants, but want them to primarily live with me. What happens with custody before divorce is initiated?

A: David’s Answer: (1) Yes, so long as he doesn’t object to same. (2) No explicit time-frame, but the more notice the better. (3) Custody/visitation arrangements before a divorce is filed (or indeed before you can get a court order one way or the other) are informal & mostly by agreement. If there’s a disagreement, that’s when you need a Judge. Schedule a consult with a Bronx Divorce attorney for a full assessment.

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