Remaining in your marital home with your spouse during a divorce is not always an easy task. If the split is contentious and multiple aspects of the divorce are being contested, seeing your spouse each day can be difficult. It is not unusual for one spouse to decide to move out of the home, but it is important to consider remaining in your house. There are benefits associated with staying in your home during a divorce that should be weighed against potential negatives or at least discussed with your attorney.
Reduces Extra Expenses
A divorce is one of the most expensive legal processes that an individual will experience in a lifetime. If you decide to move out of the home you are sharing with your spouse, then in addition to costs associated with the divorce, you will need to pay rent, utilities, and other expenses associated with a separate household. Additionally, you may need to continue paying for certain things at the marital home such as the mortgage, support for the children, or even temporary spousal support. Moving could lead to you paying to run two households instead of just one.
Helps Your Custody Case
The best interest of the child is the primary concern of family court judges during a contested divorce involving children. To avoid further disrupting the lives of children whose parents are getting a divorce, the children typically remain in the marital home. Moving out of that home could make retaining custody of your children more difficult. Staying in the marital home allows you to continue having parenting time with your child that is equal to that of your spouse. Voluntarily limiting parenting time by moving out can make it difficult to prove that you are, or were, the primary caregiver of your children.
Decreases the Chances of Property Related Confrontation
Once you leave the home, your spouse may use your absence as an excuse to change locks, install alarm systems, or remove joint property from the home. Even though your spouse may not have a legal right to do any of these things, once he or she begins this process, it is difficult to stop it without a serious confrontation. If your spouse is preventing you from entering your home, it might be necessary to contact your lawyer or call the police to prove that you are the homeowner and have them help you regain access to your home.
Contact an Attorney
If you or someone close to you is going through a divorce and unsure about whether they should stay in their home or move, contacting an attorney is often the best thing to do. A qualified divorce attorney can review your unique situation and help you decide if it is in your best interest to remain in the marital home or if moving will not be detrimental to your case. The attorneys at Vayman & Teitelbaum have assisted adults throughout the Atlanta metro area with contested and uncontested divorces. We are available to help you retain your rights. Contact us today to schedule a consultation at one of our four conveniently located offices.