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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-24-2005, 02:36 PM
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I have been married for 11 years and have one child of 10 years we live in the same apartment. My wife and I Cannot get along anymore and to make matters worse she is taking her anger out on our daughter. I have tryed suggesting counciling and it is not an option with her. I am now wanting to divorce and my daughter wants me to leave my wife and take her with me. Is this possible can I move out and take my daughter with me and how do I start.

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Old 10-24-2005, 09:51 PM
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Since you and your ex want to go your own ways, its always better if you can settle things out of court. By the sounds of it, she does not want custody of your child.

You can move with the child, this would be called defacto custody. Generally courts would not interupt this if she changes her mind down the road but to reassure this decision its better to have a legal separation agreement drawn up.

It easier for divorce purposes to be separated for a year, and this separation agreement can form all or part of your divorce settlement.

Some items to consider is:

Custody of the child sole or joint custody;
Where and with whom will the child primarily live with;
Division of assests and liabilities;(generally split equally)
net equalization payment if applicable;
Pensions and Rsp's; (generally split equally)
Child support payable for the child; the non custodial parent pays for this;
beneficieries of life insurances policies;
employer health benefits and dental plan if applicable;
Spousal Support if applicable

It is well worth the money. The cost could be shared between you and your ex.

I am sure Jeff can help you in this area.
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