leaving the home

If you move out with your kids before the divorce proceeding, this should not, in itself, adversely affect any future divorce proceedings.  However, Ohio Code Title XXXI, Section 3105.171 lists several factors that are considered when dividing property, including an all-inclusive factor which allows the court to consider, “Any other factor that the court expressly finds to be relevant and equitable.”  This is listed in F(10) under Section 3105.171.

Since the court can take any relevant factor into account, you would want to be sure that moving out with the children would not amount to any sort of financial misconduct, abuse, or any other conduct that the court could negatively construe.  Simply moving out with your kids pending the divorce probably would not amount to this, but of course you should try to reach an agreement with your spouse so that he accepts the move.  Also, your jurisdiction may have a specific policy dealing with moving out before the divorce proceedings, so please be sure to contact a local attorney who is competent in Ohio family law.

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