Do I have to leave the house when my divorce is impending?

On Behalf of | Jun 10, 2021 | Divorce

Divorce, whether you see it coming or find yourself caught off guard by the process, can be jarring for anyone. It shouldn’t come as a surprise that one of the first questions a spouse has when they receive divorce papers is whether they need to move out of the home right away.

While you don’t have to, you may feel inclined to do so, especially if you and your spouse are having a hard time communicating. Your need to apprise yourself of the unintended consequences moving out could have on your case.

The financial implications

If you think that moving out of the marital home might get you out of seeing your spouse and alleviate you of paying your household bills, it won’t. The judge presiding over your divorce case will likely have you continue paying your portion, if not all of the household expenses associated with your marital home, especially if you have typically paid them are the primary breadwinner.

You may also lose the opportunity to get your hands on the necessary paperwork you need to litigate your case if you move out on a whim. The court could enter in an order requiring you to stay away from your home, especially if there are allegations of abuse.

How moving out of your marital home may affect child custody and support

A judge may also get the impression that you abandoned your children if you voluntarily move out instead of them ordering you to do so. The court may penalize you for disrupting your child’s life by reducing your custodial rights. The judge could also order you to pay additional child support to cover the increase in your spouse’s household expenses.

How to handle living arrangements

Continuing to live with your spouse as you awai the finalization of your divorce may not be the best situation. It may require you to exhibit a lot of self-control. However, it may be the best thing for you to do to ensure you receive the fairest shake in terms of your divorce settlement.