Should I Stay or Should I Go?
Leaving the Home
The decision to move out is often a very difficult one when you are contemplating a divorce in Michigan. This issue should be discussed with a Michigan family law attorney before you make a decision.
There are 3 questions to ask yourself when making a decision.
1. Am I in danger if I remain in the home ?
2. Is anyone else in danger if I leave , such as children ?
3 . Will leaving impact my divorce case ?
Danger To Self
Is there any physical domestic violence such as your spouse hitting , slapping,or locking you in a room against your will ?
Has your spouse or living together partner made any threats that concern you such as “I want to punch you” or ” you better not think about leaving or it will be the last thing you do”.
If the answer to any of the above is yes , then by all means necessary get out. Make sure that you tell a trusted person where you are. File a police report if you have been a victim of a crime. Document the threats and share them . Do not go out alone with your spouse anyplace except a public place and preferably with security cameras. Your personal safety far outweighs staying to protect your personal property.
A personal protection order (PPO) from the court may be required to protect you from any future threats or abuse.
Danger To Others
If your worry is that if you left the home without your child and they may be neglected or abused, then your plan is more complicated . Always err on the side of safety. Find a place where you and the children are safe. Discuss your concerns with your attorney immediately. The attorney may be required to file a motion to have your spouse vacate the marital home ,or for supervised parenting time with the minor children.
Your personal safety is the most important issue, property issues will be handled during mediation or a trial. If your spouse is acting crazy and making threats that they will call the police or make false allegations of domestic violence be careful, this may be a solid reason for you to get out .
It is better to sort out personal property later ,then be facing false charges. Take out as much of your personal,property as possible prior to leaving .if you have something important or not replaceable your angry spouse may destroy it. Document with lists and photographs the house and contents prior to leaving .These can be evidence of what was in the house if there is a discrepancy later on.
In case of false charges and the house is trashed later on this may show what the house looked liked right before you vacated it.
– Protect yourself and those in need first.
– If you have time before you move out then take photographs of the rooms , a video is even better .
– Discuss your concerns with your family law attorney.