consequences to moving out of shared home during divorce

What Are The Consequences Of Moving Out During Divorce?

Goldberg Jones Child Custody, Divorce, Divorce Process 2 Comments

For many men, moving out as soon as possible is an attempt to minimize the stress and potential conflict that comes with divorce.

Unfortunately, this is one of the most common mistakes men make when faced with the dissolution of their marriage.

Leaving the marital home without evaluating the consequences, 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 are wanting, and/or need, to end your marriage is never easy. When property and children are involved it makes the split more complicated and more stressful.

Ways Moving Out Negatively Affects Your Divorce Proceeding

In no way should a man feel obligated to leave the property if his name is on the title. The division of the marital home is often a significant piece of a divorce case and 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, and
  • minimizing parenting time.

Effects on Child Custody

Being the first to move out can establish 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.

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 will all need to be submitted to the courts.

Additionally, important documents like wills and insurance policies can be required for your divorce. Moving out of the home without obtaining these documents can add significant cost and time to the divorce process.

Related Reading: Divorce Or Separation

Affect On Finances

When it comes to divorce, moving out too soon can set a financially unsustainable precedent. The courts may assume that because two households have been created and supported, that 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. Attempt to make arrangements to stay in the home until you have spoken with an attorney and mapped out a plan for your divorce.

Related Reading: Moore Marsden: Calculating Property Division In CA
Related Reading: Divorce Or Separation
Related Reading: How Much Does Divorce Cost In California?

Comments 2

    1. Post

      Hi Robert, thanks for reaching out! We’d love to help you with your legal separation. I passed your contact information on to our managing attorney, Zephyr Hill. He will be in touch shortly to see what we can offer!

Leave a Reply

Your email address will not be published.