Moving Out of the Marital Home Before the Divorce is Final

 Posted on August 01, 2016 in Family Law

No one enters into a marriage contract with the intention of one day leaving his or her marital home, but when that marriage becomes strained and the marital home becomes rife with tension and negativity, instinct may dictate that you get out. You and your spouse may decide on a formal separation, or even to go through with a divorce, and to make things easier in the interim, one of you will agree to stay with a friend or family member, or to rent a place of your own. While leaving the matrimonial home when tensions rise may seem like the noble thing to do at the time, it can actually be detrimental to outcome of the divorce-particularly for you.

If you are considering moving out of your marital home before the divorce is finalized, consult with a Dallas, Texas divorce attorney before making any final decisions. An experienced family law attorney knows better than most the ramifications of hasty decision making during a divorce, and can advise you on the best course of action based on your particular circumstances.

Moving Out During the Divorce Process Can Hurt You Financially

If you are the primary breadwinner in the marriage, moving out early could subject you to a number of support orders, including temporary child support and a 'status quo order.' A status quo order states that should the primary earner move out of the marital home early, he or she will still be required to pay the mortgage and any other household bills as they did before, and even though they are no longer living in the home. If you were the primary earner, you may be required to support two households - your current household and your marital household - on one income should you decide to leave the marital home during the divorce process.

Moving Out During the Divorce Process Can Hurt Your Relationship with Your Children

The courts tend to favor keeping children in the marital home whenever possible. If you leave the marital home early, they could grant your spouse temporary custody until the divorce is finalized, at which point a new custody agreement will be drawn up. However, if you were the one to leave first, the courts may find it difficult to grant you equal parenting rights, and give the majority of physical custody and full legal custody to your former spouse.

Custody issues aside, leaving your home during the divorce process can mean that you will not see your children as often for several reasons. For starters, as mentioned above, the courts may grant your spouse full temporary custody. Furthermore, even if the courts do not get involved, you may find that you do not have the room in your rental space, or in your family or friend's home, to accommodate all of your children comfortably.

Additionally, if the courts do not provide a temporary visitation schedule, you and your spouse could end up fighting for time with your children, thereby placing them in the center of a conflict that they should not have to deal with.

Consult a Family Law Attorney

At the Clark Law Group, we want to help you achieve a fair and beneficial outcome in your divorce. However, that can be difficult to do if you unknowingly sabotage your chances by making hasty decisions during the divorce process. If you are going through a divorce, contact our family law firm at 469-906-2266 or online before making any major decisions. Our experienced divorce attorneys will be more than happy to offer expert advice regarding the best way to achieve an optimal outcome in your Dallas, Texas divorce.