Initiating the divorce process can introduce a significant amount of tension into your household. Even if you and your spouse are on good terms, you may feel tempted to move out, give each other space, and start building your independent lifestyle. However, your divorce lawyer in Parker will tell you that moving out is rarely a good idea in a divorce case.
Learn why you should never move out in a divorce under normal conditions and how to protect your rights when exceptional circumstances compel you to do so.
Legal Risks of Moving Out During Divorce Proceedings
If you want to uphold your rights to your shared marital home and joint custody of your children, staying in the home until your divorce has been finalized may be wise.
While a judge will not automatically award the house to the spouse who remains living there, your behaviors leading up to and during the divorce can affect the judge's impression of you and your goals. You want to paint a picture that your home and your children's upbringing are important to you and that you do not intend to abandon your family.
Despite your intentions, a judge could interpret your leaving the house in any of the following ways:
- You are less attached to the house. A judge may assume that you do not care as much as your spouse does about keeping the house, especially if you have already signed a lease for a new place. This may make the judge more likely to award the marital home to your spouse.
- You play a smaller role in caring for the kids. Moving out of the home could indicate that you are not as involved in childcare as your spouse, which could support their case for majority custody.
Alongside evidence, these assumptions could strengthen a case against you.
Aside from how moving out could impact your divorce property rights, you should also consider the financial implications. Your mortgage may still be coming out of your shared bank account, which means paying for an additional residence will become expensive quickly.
Exceptions in Which Moving Out May Make Sense
Your divorce attorney will provide you with several reasons why you should not move out during a divorce. Still, there are limited scenarios in which moving out may be a viable option.
- You are facing domestic violence or abuse. In this case, moving out could feel like the only way to protect yourself. Your attorney can also help you seek a protection order and explore your other legal options in the face of abuse.
- You do not care about keeping the home. If you don't have any strong preferences about keeping the marital home, moving out may not negatively impact your case. However, it may be wise to continue living there just in case you change your mind during the divorce process or if there are children to consider.
Protecting Your Rights if You Do Move Out During a Divorce
Leaving the marital home can impact the outcomes of your divorce if you are not careful. If you feel you have no choice but to move out, these steps can help you protect your rights to child custody and this shared property:
- Document your continued financial contributions to the home or your children's upbringing
- Create a temporary parenting plan that keeps you involved
- Move somewhere nearby where your children can continue staying with you, if possible
- Take screenshots of any digital communications with your spouse about the move
Seek Legal Assistance From Palmer Family Law
Now that you know why you should never move out during a divorce, Palmer Family Law is ready to help you protect your rights. Start by learning the basic steps in a divorce, then contact our attorneys at 720-399-7434 for a consultation.