What Are The Consequences Of Moving Out During Divorce?

For many people, moving out during divorce is an attempt to minimize the stress and potential conflict that comes with ending a marriage. Unfortunately, this comes with several unintended consequences.

While it may seem like the most natural decision, people often hurt their cases by moving out. Or at least they don’t take the proper precautions first.

Leaving the marital home without evaluating the impact, or having a strategy in place, can create a significant disadvantage throughout the rest of the divorce process.

Coming to terms with the idea that you and your spouse want and/or need to end your marriage is never easy. When property and children are involved, the split is more complicated and stressful.

It does need to be stated that this only applies in situations where everyone is safe. If there are safety concerns, that changes things drastically. But for the sake of this post, we presume everyone is secure and can play relatively nice.

How Does Moving Out During Divorce Negatively Affect Your Case?

In no way should you feel obligated to leave the property if your name is on the title.

Moving out too soon can set precedents that you may not want to continue with after the divorce is final.

These obstacles include:

• Establishing a financial precedent that may be unsustainable.
• Eliminating access to important documents.
• Minimizing parenting time.

Related Reading: Moore Marsden: Calculating Property Division In CA

Effects on Child Custody

Being the first to move out establishes a “new normal” that can be difficult to overcome and significantly impact your relationship with your kids.

It is imperative that you remain active and involved in the day-to-day details of their lives throughout the divorce. This active involvement is not only important for helping the kids adjust to the divorce, but will be a factor in any custody issues that may arise.

Moving out without a parenting plan in place can limit your ability to spend time with your kids and can impact the court’s decisions regarding custody and support. The courts are often reluctant to change a child’s schedule or routine. If you already spend a significant amount of time with them, that’s more likely to continue.

Moving out during divorce often leads to less one-on-one time with the kids and influences custody rulings. It can look like you’re not an involved parent or that you’re not interested in being one, even if that isn’t the case.

Related Reading: Divorce Or Separation

Forgetting Your Paperwork:

An often overlooked, but vitally important piece of divorce is the paperwork. Financial information like bank statements, credit card statements, and retirement accounts need to be submitted to the courts.

Additionally, divorce requires documents like wills and insurance policies. Moving out of the home without obtaining these documents can add significant cost and time to divorce.

Affect On Finances

When it comes to ending a marriage, moving out during divorce often sets a financially unsustainable precedent.

The courts may assume that because two households have been created and supported, the ongoing support of two households is reasonable.

What often starts as a temporary solution (sleeping on a friend’s couch, or moving in with parents/family members) becomes the status quo.

Committing to moving out of the marital home before you have evaluated the repercussions and created a strategy can be detrimental to protecting your rights and assets.

The tense atmosphere in the home can be overwhelming, but it is in your best interest to understand all the variables before deciding on a course of action.

Related Reading: How Much Does Divorce Cost In California?