Obviously you may want to move out of the house right away instead of waiting until the divorce is final. It will probably be awkward and uncomfortable to face your spouse on a daily basis once you have decided to get a divorce. There are financial considerations. Your temporary orders will determine what payments you need to make before the divorce is final, and you may not be able to afford to move out.

Even if you might think that moving out early is beneficial for you and your spouse, it can hurt your divorce case in the long run if it is not done properly.

Moving out can reduce conflict

If you find yourself in an abusive relationship, you might not have a choice but to take you and your child out of the house and live somewhere else for your own safety. However, you need to get a court order for protective custody as soon as you can so you can find a safe place and not face kidnapping accusations.

Spouses with children in a high-conflict divorce also believe that not having both parents in the house can lessen the conflict in front of their kids. It is part of the child’s best interest to not witness so much tension between their two parents to make the transition into the divorce much easier for them. You also need to talk to the court to confirm you are not in the house and to organize a schedule for the children.

Lack of planning can be costly

Spouses who fail to inform the court that they are moving out suffer significant drawbacks in the courtroom. Many wives often trick their husbands into thinking it’ll be ok once they move out, but not organizing anything with the court could lead the wife to accusing the husband of abandoning his children and putting her in a financially difficult scenario. The wife also gets more control over what the husband failed to take with them on their way out, such as their financial records.

What many people also fail to realize is that their name is still on the house. If the spouse leaving is the one who was primarily paying for the establishment, the court will make them still pay for the marital home along with their new apartment or living area. Depending on how much you contributed during this period, this could also lead the courts to believe you have enough to pay additional spousal support after the divorce.

Unless you are dealing with a dangerous partner, you should not leave your home immediately after the decision to get a divorce without appropriately planning. If you believe it might be necessary, consult with a family law attorney to make sure you can do it without losing too much.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area. For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.