consequences to moving out of shared home during divorce

What Are The Consequences Of Moving Out During Divorce?

Goldberg JonesChild Custody, Divorce, Divorce Process 2 Comments

For many men, moving out during divorce is an attempt to minimize the stress and potential conflict that comes with ending your marriage.

Unfortunately, this is one of the most common mistakes men in this situation and they wind up hurting their own case.

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 want 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.

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 Moving Out During Divorce Negatively Affects 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.

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 will all 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 the divorce process.

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. 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: 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!

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