Divorces can be long, arduous processes. When couples opt to end their marriage, one of them might feel compelled to leave the family home well before the divorce is finalized. However, some divorce attorneys might advise against doing that.
Such was the case with the 1995 divorce of Bob Massie—the gubernatorial candidate who disclosed details about his 1995 divorce in a story from late June. Massie disclosed that his first wife asked him to leave his home during the divorce, although his divorce attorney advised him to stay in his house until he and his wife could reach an agreement regarding the custody of their children.
Why would a divorce attorney advise him to stay in his home?
“Should I Move Out of My Family Home During a Divorce?”
Going through an emotional divorce often motivates spouses to get some distance by moving out. However, this decision can affect your divorce process.
Here are a few things to consider before moving out from your family home:
Child Custody
Leaving the family home during a divorce process could harm your case—especially if there are children involved. If the children have remained in the home, then the parent that stays with them may accuse the other as abandoning the family. The parent that leaves the home has to prove that leaving was in the children’s best interests.
In other cases, establishing a written visitation schedule between spouses prevented charges of abandonment because it demonstrated that the leaving spouse was not giving up parental rights.
Property Concerns
Financial and property concerns should also be considered before moving out of the premises. The higher-earning spouse who moves out is expected to continue paying many household expenses—such as mortgage and insurance payments. This means that the spouse that leaves could be in a tough spot since he or she might have to pay for two households.
If you are thinking about moving away from your family home during a divorce process, it is vital to consult with your attorney before taking the next step.
For further questions or guidance on your divorce process, contact our family law attorneys today!