For most people going through a divorce, the gut reaction quite often is to leave the homes they share with their estranged spouses as soon as possible. And while the temptation may obviously be great and the justification sensible, it is important to understand that moving out of the family home before the divorce can be finalized comes with its share of consequences.
There are a number of questions you need to ask before leaving the family home during the divorce process. Here are some of them:
How will leaving affect my custody case?
Moving out of the family home, especially if you have children, means that you will not be spending as much time with your little ones. Besides harming your relationship with the children, this can also hurt your child custody case.
Of course, kids are sensitive and capable of noticing the tension between their parents. While moving out may address this, you need to understand that this may hurt your chances of getting custody of your children. This is because the court will barely want to disrupt the children’s existing living arrangement. In other words, the less time you are spending with your children, the less likely the court will award you custody.
Are there incidents of violence or threats of violence?
If you have had a history of violence in your relationship, or if your soon-to-be-ex is threatening you with violence, then it is important that you do everything in your power to secure your safety as well as your children’s. And this may include petitioning the court for a protective order against your spouse. While waiting for the court to issue the order, you may consider moving out of the home together with your children.
No two divorce cases are the same. Understanding your rights during the divorce process can help you make a legal decision on whether you should leave the marital home during the divorce process or not.