When couples file for divorce, both parties may feel uncomfortable living together under the same roof. But is it a good idea for one person to move out? Who should be the one to move? The decision requires a lot of strategic planning and important considerations. Before making any moves, consult an attorney first to determine how this can impact your rights.
How moving out of the family home can affect your case:
- Custody/parenting time: By leaving the home voluntarily, you may be unintentionally hurting your chances at receiving custody. Some judges view moving out in a negative light and may think you do not consider your children a priority. Always have an attorney help you create a parenting schedule first so that you are not jeopardizing your rights.
- Financial concerns: When you move out of the family home, the court may require that you pay child and/or spousal support. Can you afford to pay rent on a temporary apartment while providing financial support to your spouse and children? Before moving out, make sure that you sort out your finances first.
- Access to the home and your property rights: Chances are, you will be leaving some of your belongings in the home. But once you leave, know that your access to your possessions and control over your things may be limited. Remember to create an inventory of all your belongings and furnishings in case your spouse decides to get rid of your possessions.
When Leaving Might Be Better Than Staying
In some cases, you may be left with no other choice than to leave the home. Spouses who are suffering from domestic violence should create an exit plan as soon as possible. If you have children, plan out a safe place for you and your children to stay, then request temporary custody with the help of an attorney. It is never advisable to just leave the home without going through the legal process, as it can give rise to accusations of kidnaping.
If there is no violence in the home, spouses should also considering moving out if there is excessive conflict between spouses. Constant fighting and arguing in front of children can be stressful and be traumatic to children.
Consult an Experienced Divorce Attorney in Fresno
If you are planning on filing for divorce or have already been served, feel free to contact our Fresno divorce lawyers at the Arnold Law Group, APC for guidance. We can discuss your concerns, explain how moving out can affect your unique situation, and help you find an effective way to resolve your divorce without compromising your interest. Our team is here for you every step of your divorce.
Schedule your initial consultation today.