The implications of moving out of your home during divorce

On Behalf of | Jan 10, 2021 | family law |

One of the first things that spouses consider when contemplating divorce is which spouse will be moving out of the marital home. Relocating may not be in your best interests if you have kids, though.

Why moving out may not be ideal

It can be difficult continuing to live with someone when things are tense between you. Co-parenting becomes a chore. But you put yourself at risk of losing your rights to your marital home and of your ex accusing you of abandoning your kids if you move out.

It can be risky if you voluntarily move out of the home because the judge presiding over your case may issue a court order prohibiting you from re-entering the marital home during the pendency of the divorce proceedings.

A judge may also be more inclined to conclude that you abandoned your kids if you voluntarily move out instead of being ordered to do so. The judge may also decide that you should pay more in child support if you voluntarily leave the marital home as compensation for the increase in your spouse’s living expenses. They may limit your right to custody to minimize the disruptions in your kids’ lives as well.

You may even find that voluntarily moving out of the marital home impacts you financially, even if you don’t have kids. A judge may ask you to continue footing the bill for your ex’s household expenses, especially if you make the bulk of your household’s income and have historically paid the bills.

Another disadvantage of moving out on the spur of the moment is that you may not have the time to gather together all the necessary paperwork you will need to successfully litigate your case.

How to proceed when divorce is imminent

While it may be hard to keep living in your Asheville marital home if the two of you are at odds with one another, you may want to do your best to hang in there until you consult with a divorce attorney. Your lawyer can advise you how your actions may affect your rights to custody or property and the  support obligations you may incur in your North Carolina case.

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