I cannot overemphasize the benefits of a mediated as opposed to litigated divorce. This is a prime example where the issue of living in the same premises could have been easily resolved through mediation and not force the family to go through such difficult emotional pain, especially for the children. The parties may enter into a stipulated agreement that they have agreed that the best interests of the children lie in the father moving out of the marital home and that such moving will not detrimentally interfere with his claim for joint custody and will not be deemed an abandonment since it is by consent of both parties.
Is still not too late to mediate this divorce. I strongly suggest that they call me at 212-370-1660 to arrange for an appointment to discuss mediation. It is the civilized way to deal with a difficult and emotionally stressful situation. It will save them time ,money ,and much aggravation. If not for their sake, for the children ‘s sake.
Leonard M. Weiner, Esq./Divorce Solutions