Question #68: My daughter is currently in the process of separating from her husband. She has an 18 month old child. The divorce is her idea. Must she remain in her house with her husband until a separation document is filed or can she move in with me with her child prior to filing the documents. The current way they are living is very difficult

Answer: Unless there is physical abuse involved, your daughter should remain with the child in the house, if she intends to request that she be granted the house to raise the child in, at least until she has a written agreement regarding the disposition of the house. I strongly recommend that your daughter seek an attorney- mediator experienced in divorce matters who can assist her in the divorce process. If she is located in the NYC metropolitan area, she should call me at 212-370-1660 to discuss the matter further.
Leonard M. Weiner, Esq./Divorce Solutions