Quarrels and misunderstandings may prompt a couple to consider filing for divorce. If the marriage is damaged beyond repair, the gut reaction for most people would be to pack their stuff and move out. However, while this may seem sensible, it is important that you carefully weigh whether or not you should move out before the divorce is finalized.
So, should you move out of the family home during the divorce process? There is no straightforward answer to this question. Before taking this step, it is important that you pause and think about its ramifications.
Moving out could hurt your child custody case
Moving out implies that you will no longer share the same living space with your children while the divorce is underway. Consequently, your spouse may accuse you of abandonment of your parental responsibilities. If you intend to claim primary custody of your children after the divorce, then you might want to reconsider leaving them behind with the other parent. Ideally, the court will prefer to uphold the status quo as far as the children’s custody is concerned.
Moving out could make sense if there is a history of violence
Your safety as well as that of your children is paramount at all times. If your spouse is violent, or is threatening violence, then it is in your best interest that you seek alternate shelter for yourself and your child. In this case, you should consider physical separation from your spouse. However, be sure to inform the court about your spouse’s violent behavior. Depending on the circumstances of your case, the court may issue a restraining order against the violent spouse.
The decision to leave the family home during the divorce process largely depends on the circumstances of your case. Knowing your legal options during the divorce process can help you safeguard your rights and interests while dissolving your marriage.
