Is it considered desertion?

[mackopy]

I live in Missouri. My husband and I went to see a counselor because he was seeing someone else and said he loved her. The counselor said for him to stop altogether seeing her and talking with her, if he wanted us to work out. He did not stop. I am planning on moving out of our home. We have a 4 year old together. I signed a prenuptial 8 years ago before we got married. Will he be able to say I deserted him by moving out with our daughter. Even though I am only moving 10 miles away? Thanks for your help.
Theresa

 

[Ukiah]

We have a 4 year old together. I signed a prenuptial 8 years ago before we got married. Will he be able to say I deserted him by moving out with our daughter. Even though I am only moving 10 miles away? Thanks for your help.
Theresa

Depends on what your prenup states about affairs, and having children, etc.