Once the divorce process has started, the question of which spouse is going to move out of the house is generally one of the first issues to come up. Before you start packing your belongings, there are some important things to take into consideration.
One important consideration is how moving out of your house could impact custody issues if you have minor children. Without some type of written agreement between you and your spouse concerning custody and visitation, moving out could be viewed negatively by the court which could weigh against you in the long run.
However, once one spouse takes that first step and files for divorce, staying in the same space will only increase the feelings of animosity between the two of you. The stress and emotional strain tends to escalate, and arguments can become more frequent, and often more heated. Avoiding conflict, especially if children are involved, by moving may make good sense in the short term.
The best way to address this issue is for you and your spouse to come to a written agreement about who is going to move out and about major custody and financial issues. Visitation issues during weekends and holidays should be clearly outlined and agreed upon.
Of course, the specifics of your situation will go a long way to determining whether and/or when to move out of the house. If there is domestic abuse involved, you need to do whatever is needed to secure your safety as well as the safety of your children, including temporarily leaving your home.
If you’re divorcing a narcissistic husband, know what you’re willing to give up if you’re considering moving out of your home, but demand that everything gets divided equally between you when you first discuss your home and assets.
Leaving your home before the divorce process is final can result in financial repercussions. You have to find a place to stay and will have the expenses that go along with that. But you are still legally responsible for paying half of the expenses of the house which can have a substantial impact on your assets. However, state laws require that marital property in a divorce be either divided equally or fairly so that, if you give up your house, you will receive assets or property of comparable value.
Don’t Drag It Out
Ending a relationship, no matter how toxic, is a daunting process, fraught with emotions and competing personalities. At Buncher Family Law, attorneys in Irvine, we’ll provide you with the best advice about issues such as whether and/or when to move from your home, custody and visitation, and more.
We’ll also provide you with a strategy and general timeline for getting through the court process from initial filing to final Judgment. We have years of experience in handling Orange County divorce cases for hundreds of satisfied clients.