Should I leave Our Family Home During the Divorce Process?

There are so many decisions to make while enduring a divorce. One of the most significant decisions is deciding where to live before finalizing the divorce. Do you stay even though you will be divorced soon, or do you leave as soon as you file for divorce? Keep reading for some insight that may help you make a decision.
Leighanne Everhart

Leighanne Everhart

4 Factors to Consider

    1. One of the most important things to consider is whether or not you can afford to stay in the family home. Staying in the family home can offer a sense of stability and continuity during an otherwise difficult time.

    2. It’s also important to think about how leaving the family home would affect your children, if you have any. If the divorce process has already been emotionally distressing for them, it may be better not to disrupt their lives further by having one parent move out of the house.

    3. Along these same lines, you should consider whether or not leaving the family home would make visitation with your children more difficult.

    4. Finally, you should think about how continuing to live in the same house will affect your relationship with your spouse. If the two of you are able to still co-exist peacefully and productively, living together may be a viable option during the divorce process.

The Pros and Cons of Moving Away During a Divorce

One advantage of leaving your family home during a divorce is that it can give you some physical and emotional distance from the situation. Being in an unfamiliar environment can help to create some space between yourself and the conflict, giving you time to process what’s happening and to focus on your own well-being. Additionally, opting to move out may make it easier for the divorce process to proceed more smoothly if there are intense feelings between you and your spouse.

Leaving your family home can also have its drawbacks. It’s important to remember that a divorce is still a major life transition, and dealing with so much change all at once can be overwhelming. Moving away from your home and support system may add additional stress to an already difficult time in your life. Additionally, leaving the family home could also have legal repercussions if you are the primary resident of the home; you should always discuss any potential changes with your lawyer before making a decision.

Robert Thorpe

Robert Thorpe

Celeste Robertson

Celeste Robertson

Staying Put Can Make It Easier To Protect Your Interest In The Property

It’s vital to consider the legal implications before leaving your family home during a divorce process. Exiting the home doesn’t necessarily mean you forfeit ownership rights, but it might impact the final decisions on child custody or property division.

If you leave, especially if children are involved, the court may interpret it as a sign that your spouse is capable of handling the children’s needs without your daily presence. This can influence custody decisions in your spouse’s favor.

In terms of property division, although leaving doesn’t mean giving up your ownership rights, staying put can make it easier to protect your interest in the property.

However, if there’s a high level of conflict, your safety and well-being should be paramount. It might be best to leave, possibly with a temporary court order to ensure fair treatment later. Always consult with your attorney before making a decision. Remember, each situation is unique and requires a personalized approach.

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