Experienced. Efficient. Effective.

Should I move out of the marital home during the divorce process?

On Behalf of | Oct 29, 2021 | Family Law

For most people, the gut reaction when going through a divorce is to leave the home they share with their estranged spouse as soon as possible. After all, it is only human to want to keep away from someone you no longer love. While there may be justifiable reasons for this, it is important that you weigh the ramifications of your actions before moving out.

There are situations when leaving the home before the divorce is finalized can prove detrimental. As such, there are a number of factors that you need to take into account before you pack and walk out of the marital home.

How can moving out hurt your divorce case?

Moving out before the divorce is finalized sounds like a no-brainer, right? Well, not so fast. On the contrary, moving out of the family home can hurt your divorce in multiple ways. Here are some of them:

1.) It can impact you financially

Moving out before the divorce is finalized can impact your finances and the property division process. Setting up a new home can be very costly. There is furniture to acquire, rent and the kitchenware to pay for as well. Then there is the fact that you no longer have someone with whom you can share the bills. Add to these a potential child and spousal support and chances are you will be overwhelmed financially. 

2.) It can damage your custody case

Moving out can hurt your child custody case. Moving out automatically means that you will not be spending as much time with your children. Not only will this hurt you’re your relationship with the kids but also damage your custody claim. (However, if you have to move out, be sure to have a parenting plan in place. This will guarantee your time with the kids and demonstrate to the court that you have a genuine interest in being in your kids’ lives.)

Should you pack and leave the shared home during the divorce? This question comes up quite often. It is important that weigh the pros and cons of moving out before taking action. 

Schedule A Confidential Consultation.

To discuss your legal needs with a member of our team, please call 770-676-1191 or complete our online contact form. We provide confidential legal consultations at our law office in Lawrenceville, and we are available to make jail, hospital and home visits at the convenience of potential clients.