It’s not surprising that a lot of people would want to move out of the family home in the middle of a divorce. In most instances, there’s too much drama that you want to put a great distance away from your soon-to-be-ex. Other times, when the separation is amicable, you would want to start a new life already and put this tragic past behind.
Although this move looks sensible to your personal life and mental-emotional well-being, it may not be, in the eyes of the law. You may be facing some legal issues when you decide to leave your family home during a divorce.
Dent on Your Financial Health
The family home is the biggest marital asset in the majority of divorce cases. While your name on the mortgage and the title gives assurance that you’ll have your share of the asset, you may face some financial complications in other aspects.
A divorce attorney from Salt Lake City, Utah explains that in some states, courts issue a status quo order, in which parties won’t be able to make major life changes until the divorce is over. Most of the time, this involves paying household bills, from mortgage or rent to insurance and utilities, as you were doing. If you moved into a new home, that means double payments. This can seriously hurt your finances in the long run, considering that you have a lot of legal fees on your plate.
The Custody Battle Challenge
When you pack your bags and leave, you’re giving courts the perception that your soon-to-be-ex can take care of the kids by themselves. Worse, moving away could look like you’re abandoning the children. Any appeal for sole custody, therefore, will be an uphill battle, where results aren’t as favorable as you would want.
At the same time, think about the limited amount of time you’ll have with kids when you move out. Consider the big hassle of asking them to meet you elsewhere just so you can spend time with them. In an overwhelming, confusing life event such as this, they need all the support they can get from both of their parents. Don’t make it harder for them.
When Moving Out Is Crucial
While moving out isn’t advisable in the general sense, there are times when it’s necessary. When there’s abuse and violence in the family home, you need to get yourself and the kids out. Secure a court order for temporary custody as soon as you can. This is a crucial step before leaving the house, so as to prevent kidnapping accusations later on.
Get in touch with your loved ones to find a place to stay. If there are none in your immediate area, you can contact an organization that provides a domestic violence assistance program. They’ll be able to give you support through counseling, emergency housing, and sometimes legal services.
It’s understandable to feel the urge to leave the family home when you’re in the middle of a divorce. Before you jump into this big decision, consider the implications on your finances and child custody. If there’s no abuse, decide to stay until the court proceedings are over. If there is, prioritize your safety and your children’s.