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Should I Move Out Before the Divorce is Finalized?

After beginning the divorce process, it might seem natural to separate your life from your spouse’s in every other way, including moving out of the marital home. Continuing to share the same living space can feel awkward, especially if the divorce becomes highly contentious. However, there are many reasons why it is often better for divorcing spouses to remain in the marital home until the divorce is officially finalized. Keep reading to find out why.

Continuing to Live in the Marital Home

If you are concerned about your safety or the wellbeing of your children, temporarily leaving the home while pursuing a protective order might be your best option. If granted, the judge will ask your spouse to move out. That said, to avoid accusations of kidnapping, you must first obtain a court order for temporary custody as soon as you can.

If your situation does not involve domestic violence, maintaining the status quo for the time being might be easier for your children. However, if you decide to remain in the marital home to help your children cope with the idea of your divorce, do not confuse them by continuing to share the same bedroom or spending time together as a family. Instead, work on a parenting schedule with your spouse. Doing so will help your children slowly adjust to the changes ahead.

Financial Concerns

In addition to the concerns you might have about your children’s happiness and wellbeing, other concerns many divorcing spouses have are financial. Moving out of the marital home is not always financially practical since it often means supporting two households. The spouse who moves out must continue to make mortgage payments and other household expenses, creating a less than ideal financial situation. If you are considering moving out of the marital home, ask if you have the funds to support this lifestyle or if it would be a burden on your finances.

If finances are not a concern for you and you believe moving out is the most suitable option, you should request a temporary child custody order to ensure you can continue to regularly see your children. Make sure this is done before you move out of the marital home.

Creative Solutions

If sharing the marital home is impractical, but neither parent has the funds to move out, there are some short-term solutions that can address these issues. It is possible for parents to live in the home with the kids for alternating periods. For example, you could live in the home one week, while your spouse lives with friends or relatives nearby during that period. Discuss the situation with your spouse and your respective attorneys to find out what is best for your situation.

Discuss Your Case with an Experienced Divorce Attorney!

At Aharonov & Revy Family Law, LLP, our divorce attorneys are committed to providing tailored legal services to help our clients achieve their goals. No matter how complex your case might be, you can rely on our team to work tirelessly on your behalf.

Contact us today at (818) 960-1330 to schedule a free 15-minute phone evaluation.

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