Onward Article: To Move or To Stay
One of the questions we’re asked most often is: Should I move out of my home or stay put? Deciding to move during the divorce process typically depends on several legal, financial, and emotional factors. Here are some key considerations (please note: this is NOT legal advice) to keep in mind before making any quick decisions.
1. Legal Implications
- Impact on Custody: If children are involved, staying in the marital home might be crucial to maintain stability and strengthen a claim for primary or shared custody.
- Possession of the Home: Moving out may impact future negotiations over who gets to keep the house, as leaving could be seen as abandoning the property.
- Court Perception: In some cases, moving out could influence how a court perceives the client’s role in the marriage or family dynamic.
2. Financial Considerations
- Cost of Maintaining Two Households: If moving out requires paying rent or other living expenses, this could strain finances or impact spousal/child support negotiations.
- Mortgage and Bills: Remaining in the home may ensure that shared financial responsibilities (like mortgage payments and utilities) are managed fairly.
3. Safety Concerns
- If there is a history of domestic violence or a toxic environment, a lawyer might prioritize their client’s safety over other factors and recommend moving out.
- In these cases, they may also suggest obtaining a protective order or requesting exclusive possession of the home.
4. Emotional and Practical Factors
- Mental Health: Staying in the same home may be emotionally draining if tensions are high. However, moving out could lead to feelings of instability or power imbalance.
- Access to Documents: Remaining in the home can ensure access to important legal and financial documents that may be needed for the divorce process.
5. Temporary Orders
- A lawyer might recommend staying put until a temporary agreement or court order is in place, particularly regarding custody, financial responsibilities, and who gets to reside in the home.
When Moving Out Might Be Necessary:
- If the living situation is unsafe.
- If both parties agree on a separation plan that includes one person leaving.
- If maintaining the current arrangement is too toxic or disruptive.
Suggestions if Moving Out:
- Document the current state of the home (photos/videos).
- Take all important personal and legal documents.
- Create a written agreement regarding property, financial responsibilities, and custody arrangements during the separation.
While all of the above can feel daunting, remember, knowledge is power.