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Is it ok to move out of the marital home pre-divorce?

| Apr 21, 2021 | Divorce |

Most humans have a natural inclination to distance themselves from problems when they arise. It shouldn’t surprise you that many divorcing spouses often feel the best option for one party to vacate the marital home when things become too contentious for their liking. 

Moving out of the marital home while your divorce is pending isn’t always the best option to choose, though. It can result in undesired outcomes in your divorce. 

Why you might not want to move out right away

In general, it is usually never a good idea to voluntarily move out of the home. Many legal analysts suggest that it gives you more options if the family law judge presiding over your case orders you to vacate your home instead of voluntarily leaving.

The court may perceive such actions as you abandoning the home and your kids. The family law judge may be reluctant to grant you increased child custody rights if it looks like you didn’t make your kids’ wellbeing a priority. Plus, moving out without the kids automatically makes your spouse their “primary” caregiver — and that can lend weight when they ask for greater custody or support.

Another downside to moving out of your marital home while your divorce is pending is that you may lose access to any vital paperwork you need to document expenses, assets or income in your case, and you really don’t want to do anything that makes your life harder right now.

What should you do when you have questions about your divorce?

Pursuing a divorce is a lot like playing chess. You have to be careful to make well-reasoned moves, or otherwise, you may lose the game. A divorce attorney can go over the many different strategies, including continuing to reside in your marital home, that you’ll want to pursue to enhance your chances of attaining a desirable outcome in your case. 

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