Is moving out a feasible option during divorce?

On Behalf of | Jan 25, 2023 | Firm News |

Your spouse asking for a divorce can be devastating, but the stress may become even more intense when you consider the living situation. Should you move out or wait until the divorce is final?

This question is debatable as some people are afraid to move out because they may ‘lose’ the marital residence and others believe it’s safe to leave.

North Carolina is an equitable distribution state – property is divided equitably, but not necessarily 50/50. Therefore, you may keep the marital home even after moving out, especially if you become the parent with primary custody.

This guide provides information on moving out when your spouse asks for a divorce.

It is a requirement for a divorce

In North Carolina, you and your spouse should have separated for at least a year and a day to file for a divorce. To be considered separated, you should have been living in separate homes during this period. Thus, one of you should move out to be eligible to file for a divorce. If you choose to move, particularly if your spouse wants you to do so, you can protect your rights.

You can still see your kids

A separation agreement includes where children will live and how both parties will support them before the divorce. If you choose to move out and leave your kids in the marital residence, you still have the right to see them.

It will help if you and your spouse can develop a fair temporary parenting plan. Further, ensure that you meet your responsibilities and make your new home comfortable and safe for your kids.

Moving out during the divorce process may or may not be the best thing in your circumstances. However, when you are informed, you can make the right decisions if your spouse wants a divorce.     


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