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Is it Okay to Move Out of the Marital Home Before the Divorce is Finalized?

After you make the decision to get divorced, it seems only natural for one spouse to move out of the marital home. You might not be on the best of terms, so sharing the same living space might not be ideal. However, before you move forward with any of your plans, it is crucial to understand the potential consequences of doing so. Moving out could affect the outcome of your divorce settlement in ways you might not even be aware of.

The Impact of Leaving the Marital Home

In a divorce, there are several key issues that are addressed, including child custody and property division. If you move out of the home you share before your divorce is finalized, some of these issues can be affected.

Here are some of the consequences you might face if you choose to move out now:

  • If you and your spouse have minor children, voluntarily moving away from them and entrusting their other parent to care for them sends a very particular marriage to the court. It says that you believe your spouse is a capable parent, which can essentially put your spouse in a position where he or she gets de facto shared or sole custody.
  • Moving out before your divorce is finalized will also give your spouse the chance to file a motion and gain temporary exclusive rights to the home. If successful, you would be unable to return to your home without your spouse's permission while the divorce is pending.
  • You cannot take everything with you when you move out, so you are basically going to have to trust your spouse with any belongings left in the home, most of which are likely marital property and should be divided amongst the two of you. However, if your spouse is particularly hostile and angry with you, anything could happen to the items in your home and some of them are probably irreplaceable. You might even lose control over some aspects.
  • When you move out, you are going to shell out some money for a new place, whether you buy or rent. However, you might still be required to contribute to the mortgage on the home you are no longer living in, which means you will essentially have to support two households. This can place an incredible amount of strain on your finances.

Contact a Divorce Attorney at Weis Law Group!

If you are getting a divorce, contact the team at Weis Law Group for the experienced representation you deserve. Our divorce attorneys have the experience and knowledge to help you navigate any family law matter, no matter how complex it might be.

Contact our law office today at (614) 428-0266 to request a case review with one of our esteemed divorce attorneys to discuss the details of your case. You do not have to go through this experience on your own.

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