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Should you leave the home before finalizing the divorce?

On Behalf of | Feb 26, 2024 | Divorce

Divorce, in and of itself, is a difficult life experience. By the time divorce papers are on the way, most couples are usually living apart, especially in high-animosity situations. After all, if all you do is fight, staying apart makes a lot of sense.

However, it’s important to understand that divorce is final. There are several key questions you need to ask before making the decision to pack and leave. Here are some of these questions:

What will leaving mean for your child custody case?

Unless you are leaving with the kids, moving out is bound to reduce your parenting time. Thus, if the kids continue to spend more time in the family home with the other parent, then the court may be more likely to yield to their custody claim. After all, they could argue that you abandoned your children, and this too can impact the outcome of your custody case. Remember, divorce can have a lasting impact on children. Be sure to have their best interests in mind before making the decision to leave.

How will leaving impact your finances?

Leaving the marital home means that you will be setting up a new home eventually. This comes with new financial obligations like rent, food and other bills. Obviously, this can greatly strain your finances, especially if the court orders you to continue contributing to the marital home’s household expenses.

So, when can a decision to leave the marital home be justified?

Certain circumstances may compel you to leave the marital home. For instance, if you have concerns regarding your safety as well as your children’s (your soon-to-be ex is violent, dangerous or abusive), you need to take steps to safeguard your safety. In this case, moving out may be justified.

The decision to leave the marital home before finalizing the divorce depends on the circumstances of your case. Find out how proper legal representation can help you safeguard your rights and interests while making this important decision.