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Should you leave the family home before finalizing the divorce?

On Behalf of | Jun 17, 2022 | Divorce | 0 comments

Divorce comes with several repercussions. One of the questions most divorcing parties ask is whether they should tough it out in the marital home while the process is underway. This becomes a thorny issue when emotions are soaring high and the couple cannot seem to see eye-to-eye on most issues. 

However, since you are dealing with one of life’s most difficult experiences, it helps to consider the long-term implications of leaving the marital home before the divorce is finalized. Even if you believe this is in the best interest of everyone involved, it is important that you weigh your options before leaving. 

How leaving the marital home affects your divorce

Here are two ways leaving the home can impact your divorce:

  • If you have a child together, then leaving the child in the care of the other parent while you move out can make you appear to be an uninvolved parent. Courts are also reluctant to change custody arrangements after a child has settled, so that can impact your custody rights.
  • Moving out before finalizing the divorce can give your spouse reason to petition the court for exclusive rights to the home. If this petition goes through, then you may lose the right to return to the home while the divorce is underway.

However, there are instances when moving out may make sense. One such scenario is when your spouse is abusive or is issuing threats against you and your child. In this case, you should consider seeking shelter elsewhere (with your child) while seeking a restraining order against your spouse. 

No two divorce cases are the same. Understanding your legal options can ensure that you protect your rights and interests while dissolving your marriage.