Getting a divorce should i move out of the house

The courts will not automatically give your ex-spouse the house because you moved out. Finally, moving out may or may not impact child custody. If you had no choice but to move out due to a domestic violence situation, the courts will take this into account.

This can help ensure your move does not interfere with child custody or visitation. In rare circumstances, you may be able to force your spouse to move out of your shared home during a divorce. Typically, the only circumstance where this is allowed is if your spouse is engaging in abusive behavior.

Otherwise, the only other possibility to force your spouse to move out is if you own the house on your own and it is not part of community property.

This entitles you to decide whether or not your spouse can continue living there. If you are in a domestic violence situation and do not feel safe in your home, do what is necessary to keep you and your children safe. If you have the financial resources to move out of your house, do so. Otherwise, you can ask the courts to assist you in forcing your estranged spouse to move out of the house instead.

In a divorce case that involves domestic violence or abuse, you have the right to obtain court orders for solutions such as temporary full custody of children and an emergency protective order. Child Custody Child Support. Alimony Divorce and Property.

Market Your Law Firm. Lawyer Directory. Call us at 1 Your Comfort and Well-Being Continuing to live together in the same home after the deciding to divorce can be challenging. The Effect on Your Children Having divorcing parents living under the same roof can be especially hard on kids. Child Custody Judges are aware that repeated change can be difficult for children, and will maintain the status quo whenever possible.

The Financial Impact The spouse who stays in the family home during the divorce won't necessarily receive the house when the court divides the couple's property.

If You Move Out, Make Your Intentions Clear Even though moving out of the family home during the divorce doesn't automatically mean you lose custody or rights to keep the house after divorce, you shouldn't take any chances. Other Options For couples who are able to communicate civilly during their divorce, there are some creative short-term options that can ease financial and parenting problems, such as: "Bird-nesting.

If the spouses can stay with friends or family members nearby, or the budget will permit renting a small apartment that they can also share, parents might find that it works well for the children to stay put while the parents rotate in and out.

House splitting. If the family home is large enough, the spouses can divide the house into separate occupancy areas. The spouses can then either share the common areas as needed or plan a schedule for use of common areas.

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Considering Divorce? When you move out, the bills stay behind. In some cases, you have to continue paying during the divorce. This often sets a negative precedent when it comes to spousal support. The court may presume that the amount you pay is financially viable and order you to continue to pay that amount, or something similar.

A temporary situation may very well become permanent and sap your finances for years to come. There is a flip side to this, however.

On occasion, moving out can set a positive precedent for spousal support. If your ex steps up and manages the finances and home maintenance alone, it may indicate less need and lead to smaller payments. In addition, if you pay much less monthly support, it can help out in future proceedings. You may need to, especially if a living situation becomes unsafe.

An experienced professional can help determine a strategy that best protects your interests. Other Reading : 7 Urban Divorce Legends. Your email address will not be published. Should you move out during a divorce? This question comes up all the time. In reality, moving out of a shared home can negatively impact your divorce in various ways. You may feel like you absolutely have to get out, especially if your safety is in jeopardy, but you should still know the consequences Can Damage Your Child Custody Claim One of the most significant ways moving out can influence your divorce is when it comes to child custody.

Divorce requires all kinds of records: Bank statements. Credit histories.