If you and your spouse have begun the divorce process, you may be considering moving out of the marital home. This would give you space from each other and allow you to start building your new life.
But before moving out during divorce, consult an attorney about whether this makes sense for your case. These are a few potential repercussions to be aware of.
Moving Out Can Have Child Custody Implications
You may feel that moving out of the family home is a considerate step, giving you and your spouse space from each other. But in some cases, the court may view this as evidence that you are not involved in daily parenting responsibilities. It may even flag you for “spousal abandonment,” which means you left the marital home without your spouse’s consent.
You do not want the court to view you as the “non-custodial parent” from the beginning. Staying in the family home demonstrates that you contribute to your children’s upbringing, making it more likely that the court would award custody to you or shared custody to both parents. In contrast, the court may view you moving out as abandoning your parental obligations.
Paying Double Bills Can Impact Your Financial Position
As long as you are still on the lease or mortgage for your shared home, you are likely financially responsible for half of the monthly housing costs. Moving into a new apartment or home will require you to pay double housing costs during the divorce process. This can harm your financial position.
Your finances affect several aspects of the divorce process. The judge will scrutinize your transactions when considering child custody, spousal support obligations, division of assets, and more. Generally, you should avoid any behaviors that hurt your finances during this process.
Moving Out Might Make It More Challenging To Keep the Home
If you voluntarily move out of the marital home during the divorce process, you risk being unable to keep the home after the divorce.
The court may grant exclusive occupancy rights to your spouse, especially if they have primary custody of shared children. If you have already moved out voluntarily, the court may assume that you are in favor of these occupancy rights.
Carefully consider housing and custody before making any decisions early in the divorce process. While you may initially feel okay about your spouse keeping the family home, you may change your mind later. Moving out could influence how the court approaches decisions about property ownership or use during the divorce.
Consult Karen Ann Ulmer, P.C., Before Moving Out
Before moving out during divorce, consult an experienced attorney and create a detailed plan for custody and housing costs. In some instances, moving out is the right choice, such as if you feel unsafe in the home. However, it’s important to understand the potential repercussions and seek an attorney’s advice before doing so.
At Karen Ann Ulmer, P.C., we advise clients on how to protect their marital property rights. Schedule a confidential consultation with our divorce attorneys by calling (866) 349-4117.