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Should you move out when you ask for a divorce?

| Apr 23, 2021 | divorce

Now that you decided to get a divorce, you’ve been questioning if you should move out of your home. You have the financial ability to move and know that your spouse likes your home more than you do. Is that a mistake, though?

It can be a bad idea to move out of your home voluntarily during your divorce, depending on the circumstances. You might be accused of voluntarily leaving and “abandoning” your family, which might have an impact on your custody case, for example. You may also have fewer opportunities to gather your belongings or take photographs of major assets.

If your name is on the mortgage or lease of the property where you live, you are not obligated to leave. It may cause more financial strain that you expect if you leave, and that’s not necessarily a situation you need to deal with.

What’s a better option if you and your spouse are divorcing?

The better option may be to stay in the marital home until your attorneys help you choose the right path forward. While moving out may initially reduce tensions, it can also mean that you don’t have access to the things you need in the future. It could cause more problems for you, which is something to avoid at all costs.

You can separate within the same home if you move into a different bedroom or a mother-in-law suite. Avoid unnecessary interactions when possible. If you have children, remaining in the home will show your continued intention to be active in their lives, so document that as well.

When should you move out of your home?

If you do decide that you don’t want to stay in your marital home, it’s a good idea to talk to your attorney about when the right time to move is. For example, if you and your spouse are able to come up with an agreement to sell the home, sign that agreement before moving out. It shows that you put time into finding a solution before leaving, which may be helpful if you end up in court later.

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