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Should I leave the family home before finalizing the divorce? 

On Behalf of | Jun 14, 2023 | Divorce |

Divorce, in and of itself, is tough. If you have fallen out of love with your spouse, nothing can be uncomfortable like sharing a living space with them. In fact, living together while the divorce is underway can be awkward at best. 

For many divorcing couples, the most sensible thing to do during the divorce would be to create space between you and your spouse by moving out of the marital home. But will this impact any aspect of your divorce case? Here are two questions you want to ask before leaving the marital home. 

Can you afford the move?

Leaving the marital home before finalizing the divorce can impact your finances in a variety of ways. 

First, keep in mind that you be expected to continue contributing financially to the household. This may include mortgage payments as well as utilities, groceries and other bills. Second, renting and furnishing a new home will cost you money. 

At the end of the day, moving out will likely mean that you will be supporting two households on your income, and this can significantly strain your finances while you’re in the middle of a divorce. 

Will moving out impact your child custody case?

Divorce can have a lasting impact on your children. As such, it’s crucial that you make prior parenting arrangements before leaving. Clearly discuss how you will spend time with the kids even before all the child custody can be formally determined. 

Unless you have a clear temporary visitation plan in place, you could open yourself to allegations that you are a disinterested parent, and that could ultimately affect your custody rights.

Protecting your interests

The decision to leave or remain in the marital home during the divorce generally depends on the circumstances of your divorce. Thus, it is crucial that weigh the merits and demits of your decision before acting. Experienced legal guidance can help.

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