Question #147:Hello. This is the first time I am contacting a mediator after years of thinking about legal separation/divorce. The first question I have is…Is it ok for me to leave my apt that I share with my husband before we sign a legal separation agreement? I have not told my husband that I am seriously considering separating although we talk about it frequently. He is opposed, but would not hold me back. I would like to move out of the house first so I do not have to face uncomfortable feelings…but dont want to do anything that will hinder this process. Do I need a consultation?

Unless this is a case involving physical abuse, in which case I strongly recommend that move out of immediately, it would be most prudent that you remain in the house, especially if you intend to claim an interest in the house either by personal contribution or as a result of it being marital property. Before you make any decisions you should consult with an experienced matrimony attorney.
If you are living in the New York City metropolitan area, I strongly suggest you call me at 212-370-1660 to arrange for an appointment to discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions