Should I Move Out Before My Divorce is Final?

Your divorce is not going well—the constant bickering is driving you crazy.  It makes sense to just get out of the house now, avoid the constant nasty interactions, and have a little bit of peace. Or does it?

Potential Problems

Actually, it might be a good idea to discuss any thoughts of moving out with your attorney before actually doing it.  That’s because there may be consequences you haven’t thought of yet, like, for instance:

• Accusations: If you leave, you could be accused of abandonment, or who knows what else! Don’t give your spouse the chance to play those games!
• Access to Documents: If you’ve moved out, it may be difficult to get your hands on important paperwork like financial statements, retirement information, and so forth. This puts you at a distinct disadvantage.
• Status Quo Orders: If you and your spouse can’t agree on the terms of the divorce, the judge may look to the status quo in order to make determinations about the future.  That means if you’ve already moved out, it’s possible you could lose out on claims to the house and property inside it.
• Spousal Support: On top of losing your claim to possessions, you could get stuck paying bills on your new place and your old one while waiting for the divorce to be settled. That could be a huge blow financially. On top of that, the parent who leaves the house is more likely to be saddled with spousal and/or child support long-term.
• Issues Related to Custody: Your claims to custody could be harmed by moving out. Chances are there will be a reduction in the number, length, and quality of interactions you have with your children after moving out. As the “absent” parent, you risk the opportunity to have full, or even shared custody, since the court will consider disruptions to the children, distance to schools, and the adequacy of the living arrangements for the kids in both homes. If you’ve moved to a one-bedroom, shacked up with a roommate, or gone back to your parents’ home, it may not look like the best situation for your kids.

Option to Moving Out

Instead of leaving the family home, see if you can manage to hold things together until the divorce is finalized.  That way you maintain access to your kids, important documents, and possessions like your home and furniture.

Get Your Questions Answered

The experienced Springfield family attorneys at Courtney & Mills are here to answer your legal questions and help you to get the best divorce settlement possible. To discuss, schedule a confidential consultation in our Springfield office today.

Source:

huffpost.com/entry/moving-out-after-divorce_b_5510895