Some states require spouses to live “separate and apart” for a set period in order to divorce. Florida is not one of them. But what if you want to move out of the family home before the divorce is done?
You can do this if you wish in Florida and a court should not penalize you for it. It can be wise in cases where your spouse is violent and you fear filing for divorce could lead them to harm you.
Even without that scenario, it’s unlikely to be much fun living together after filing, unless you are one of the rare couples who simply fell out of love but still remain great friends. However, it has its downsides:
It can increase your short-term costs
If you move out, you’ll need to pay for somewhere else to live, unless you have very generous friends or family with spare space who are happy to have you stay for a while.
It could make things difficult if you have children
“One day Dad or Mom was here, the next day they weren’t.” Imagine how confusing that could be for a child, especially a young one. While they will need to deal with their parents living apart eventually, consider giving them more time to adapt.
It might have some influence on court decisions
If you rely on a judge to decide the outcome of things such as custody and asset division, moving out now might give you a disadvantage. However reasonable your explanation for moving out, and however much you did it in agreeance with your spouse, a judge might give some preference to your spouse regarding who gets the house, or who spends the most time with the children, if your spouse is the one still living in the home with the children.
Moving out is not a decision to take lightly so consider help to ensure you understand any possible repercussions.