During a divorce, both spouses are going through a difficult and emotionally-charged time at home. Continuing to live together under the same roof can be challenging for the whole family, especially if there is a lot of conflict. So, it’s not surprising that, in many instances, one of the spouses will decide to leave his or her home.
There are many factors that have to be considered before making that decision as well as any possible consequences that could result. While there are positives and negatives to moving away before a divorce, the specifics of your living situation will be the determining factor.
Perhaps two of the most important considerations when making the decision to move out of your home during the divorce process are the financial aspects and dealing with custody issues if you have children.
Legality vs. practicality
For most couples, the family home is their largest asset. If you move out, what happens to your interest in your home? State laws require that marital property in a divorce be divided equally or equitably as long as both names are on the deed and the mortgage. Therefore, you don’t risk losing your share of the value in your home.
If you end up moving out of the county or state where your divorce was filed, you shouldn’t expect the case to move with you, even if you were the first to file. You can, therefore, expect to travel back and forth for all court dates unless your spouse agrees to a case relocation.
If you’re the primary earner in the marriage, the State may issue a “status quo order” that requires you to continue paying the household bills during the divorce process. This could have a significant impact on your finances because you may end up paying two sets of bills instead of one.
What happens to your children if you decide to move out before your divorce is finalized? The court is more likely to give the remaining spouse the right to determine the primary residence for your children. If you’re considering moving to another city during a divorce, especially one that is a considerable distance away from the family home, you need to take into consideration what the court may determine when it comes to a visitation schedule for your kids. Not only does this mean that you may be spending less time with them, but you’ll also be paying money towards their support.
The court may also take into consideration the type of residence that you’re moving into when deciding upon a visitation schedule. If you’re new home doesn’t have enough bedrooms to accommodate your children, for example, this could have a negative impact on extended periods of visitation.
The best solution for you
At Buncher Family Law, we recognize that divorce can be complicated. Therefore, we work with our clients to determine the best divorce solution, including moving during divorce proceedings. Our divorce law services cover all aspects of family law proceedings that can arise as part of a divorce.
Call our offices to schedule a consultation.