MAY I LEAVE THE FAMILY HOME PRIOR TO THE DIVORCE BEING FINALIZED?
Leaving the marital residence after a divorce decision has been made is the next logical step. Sharing a home with someone you don’t get along with isn’t always the best decision. But it’s important to weigh the probable outcomes of your actions before you take any decisive action. There may be unforeseen consequences to moving out of the house during a divorce.
In the event that efforts to mediate a dispute outside of court are unsuccessful, you may consult with a family law attorney about the various legal options.
WHAT HAPPENS WHEN YOU DISMISS THE MARRIAGE
During a divorce, many important matters must be settled, including custody of any children and the equitable distribution of any assets. Some of these matters can change if either spouse moves out of the shared residence before the divorce is finalized.
In the event that you do decide to leave at this time, you may experience the following side effects:
- If you and your partner have small children and one of you wants to move away from the family and put the kids in the care of the other parent, that’s a very specific marriage that’s headed for court. It indicates that you trust your spouse as a parent, which could provide your partner de facto joint or sole custody.
- If you leave the marital home before the divorce is finalized, your spouse might submit a motion to acquire temporary exclusive use of the property. If your divorce petition is accepted, you will not be allowed back into your home without your spouse’s permission.
- Since you obviously can’t take everything with you when you leave, you’ll have to put your trust in your spouse to take care of the items you’ve left behind. These items are probably community property and will be shared equally between the two of you. Anything could happen to the things in your home, including the destruction of certain precious possessions, if your spouse is very unfriendly and unhappy with you. There’s a chance you could even lose command of some factors.
- It costs money to buy or rent a new home when you leave your current one. However, you may still be obligated to pay a portion of the mortgage on the home you are no longer occupying, thus forcing you to provide for two families. The resulting impact on your budget might be devastating.