Should I move out?

The answer is not simple, and it's particularly true if there are children involved. However, individuals are often concerned that if they move out they are deserting or abandoning their spouse and children, which simply is not true. Colorado eliminated fault as a basis for dissolution of marriage in 1971 when the Colorado Legislature adopted the Uniform Dissolution of Marriage Act. You may move out without a claim of desertion, abandonment and the like; however, you may remain obligated to continue to provide support to the spouse and other family members who may remain in the home.

It is important to get legal advice before you move even when you want to. It is particularly true when you as a parent have provided significant child care for children who may be remaining in the home. In those situations I frequently recommend that you negotiate a parenting time plan before establishing a separate residence. It is also important to consider the needs of the children when moving particularly when deciding where to move. Seek the advice of a good and competent family law attorney before moving.