Couples going through a particularly nasty divorce may want to be as far away from each other as possible. When that couple is sharing a home, that desire can be extremely difficult to act on. It is not uncommon for one party to become so fed up with the living arrangements that moving out seems like the only viable solution. Unfortunately, moving from a marital home could create more problems than it solves. There are a few things to consider before moving out during a divorce.
Can You Afford to Move?
Moving is a huge financial burden under the best situations, and when you are going through a costly divorce, the price tag associated with moving may be more than you can manage. Not only will you need to pay new living expenses and moving costs, you might be forced to continue paying bills at the marital home. While a divorce is pending, most judges will demand that both parties continue contributing to their living expenses and care of children. Only move out if you are financially able to pay your divorce related expenses along with maintaining two households.
How Will Your Children be Affected?
Children suffer a lot during a separation and divorce, with their struggle often manifesting itself in the form of behavioral or academic problems. Having a parent move out can further add to their problems especially if the child is left behind. Before making the decision to move, find out how your children will be affected. Especially consider how your desire to establish or maintain custody will be affected if you move out on your own, leaving your children behind with your spouse. Judges rarely want to disrupt a child during a divorce by forcing a child to move to a new home or attend a new school so consider how moving during a divorce can impact your ability to get equal parenting time in the future.
Are You Trying to Keep the House?
Most importantly, do you want to keep your house or the items inside of the house? If you move out before the divorce is finalized, you give up a lot of your control over what happens in that home. Even though your spouse does not have the right to liquidate marital assets left behind, it is possible that items, or the property itself, could be damaged in your absence. If you want to keep the house or are concerned about the safety of property in the house, moving out during the divorce may not be the best choice for you.
Consult an Attorney
Before making any major decisions during a separation, always consult a divorce attorney. A skilled attorney will review your case and give you advice regarding how your conduct may affect your future. The attorneys at Vayman & Teitelbaum understand how difficult living with a spouse during a divorce can be, but we also understand how important it is to maintain your legal rights. If you are not sure what to do, schedule an appointment at one of our conveniently located Atlanta, Georgia offices today so that we can begin discussing your case.
