Featured News 2016 Divorce: Should You Move Out?

Divorce: Should You Move Out?

During a divorce, there are certainly steps that you should take and ones that you should not take. Take the marital home for example: If you're like most couples, it's the largest asset of your marriage. Obviously, you and your spouse are going to have to decide what to do with it. In many cases, divorce attorneys recommend that couples sell the home and split the proceeds.

Whether you're on the brink of divorce, or the papers have already been filed, you and your spouse will soon have to decide who is going to live where. This brings us to the question, should you move out of your home once the divorce is filed?

Considerations for Child Custody

Moving out of the marital home will not affect your claim to it. If you live in a community property state, such as California or Nevada, you have an automatic 50 percent interest to the home, whether or not you live in it.

If you live in an equitable division state, such as Utah or New York, you still have an interest in the marital home. Essentially, no matter which state you live in, the marital home is subject to division in a divorce.

Moving out becomes an issue when you want custody of the children, or you anticipate a custody battle. In these situations, moving out because you can't get along with your spouse is not a good idea.

When you move out of the family home, it sends a powerful message to the courts that your spouse is perfectly capable of caring for the children, and it establishes a new status quo, one the courts will be eager to maintain.

If you cannot live with your spouse, have a divorce attorney advise on what to do and help you get a temporary child custody order before you move, this way your parental rights are protected.

Getting a divorce? Find a local divorce attorney in our family law directory!

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