Divorce often brings with it a host of difficult questions, and one of the most pressing is whether to move out of the marital home during the legal proceedings. After all, every move you make during this period can impact the outcome of your case.
Practical and legal considerations
When considering whether to stay or go during your divorce proceedings, there are several factors you need to take into account. These include:
- Property division and asset distribution: If you leave the family home, you might inadvertently signal that you are willing to give up the property, weakening your claim in court.
- Child custody claims: Moving out without your child can damage your claim for custody. Courts often favor maintaining the stability of children, and your absence from the family home could be seen as being noncommittal to your parenting responsibilities.
- Lost access to essential documents: Leaving can limit your access to important documents and personal belongings. If you leave, you might find it challenging to retrieve financial papers and other crucial paperwork, hindering your ability to build a strong case.
While the decision to move out may seem tempting, it is vital to carefully weigh these practical and legal considerations against your personal circumstances.
Where do I go from here?
Staying in your home during divorce often offers advantages, but there are situations where moving out becomes necessary. If you are experiencing domestic violence or in a highly volatile environment, do not hesitate to get yourself and your children to safety as soon as possible. Moreover, if a court order requires you to leave, you must comply to avoid legal consequences. Remember, staying must only be an option if your safety and well-being are not under threat.
