Staying in your marital home during a divorce is something that many divorce attorneys recommend. However, there are times when staying in the house is intolerable and moving is the only viable option. Leaving a joint asset prior to finalizing a divorce could create many ramifications that negatively impact your case, but if you find yourself with no other choice, there are things that can be done to protect your interests. Remembering these vital things to do before moving out during a divorce can help you in the future if your divorce becomes contentious or your spouse attempts to do anything dishonest.
Joint assets during a divorce are supposed to be disclosed and categorized so that both parties can receive their fair share. Unfortunately, even if your spouse knows he or she is legally obligated to keep joint assets, they may still attempt to dispose of or hide property. Taking photographs of property that is expensive or important to you personally can aid you in the future. Having a photograph or a video of the item prevents either party from exaggerating about its condition or claiming that the property was never in the home.
Copy Important Documents
Even though both you and your spouse will probably have to complete a full financial disclosure, if your spouse has income that is cash only or not documented, you could find yourself at a disadvantage. Having more documented income than your spouse can reduce your ability to obtain spousal support or child support to which you would normally be entitled. Before leaving your home, get copies of receipts, invoices, client lists, taxes, contracts, or anything else that documents your spouse’s income. Remember, once you leave your home, it may be difficult for you to return or your spouse could move the documents during your absence.
Choose a Location that Benefits Your Children
If you have children, it is best to move to a location that benefits them. Remaining near their school ensures there will be no disruption in their education if the children are moved out of the marital home with you. If your children remain with your spouse, it is important to stay close enough that a shared parenting schedule will not be viewed as a major disruption in the lives of your children. Most of all, if you do not take your children with you, living near them allows you to maintain parenting time with them. Being able to show the court that you have continued to have an active relationship with your children can help your custody case.
Contacting an Attorney
Before you decide to move, it is always best to consult a skilled attorney. A qualified family law attorney is familiar with all aspects of divorce, custody, visitation, and support payments. The attorneys at Vayman & Teitelbaum understand that all choices you make during the divorce process can ultimately affect your case. If you or someone close to you is going through a divorce and no longer want to live with your spouse, call our office today to schedule a consultation at one of our four convenient Atlanta area locations.