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2 things to consider before leaving the family home in a divorce

On Behalf of | Jan 24, 2024 | Family Law

Falling in love is a beautiful thing. Unfortunately, falling out of love isn’t. If love is gone and divorce is on the horizon, the gut reaction for most people is often to stay away from their estranged spouses as much as they can.

Before packing up and leaving, however, you need to understand that moving out before the divorce is finalized comes with certain implications. Here are a few things you need to keep in mind before making the decision to leave:

1. It might affect your child custody case

Moving out and leaving the children behind, means that you will not be spending as much time with them as usual. Now, this comes with two problems: 1. It may alter your relationship with the kids, and 2. It might impact your custody case.

Of course, the kids might notice the tension between the parents if you stay, especially if the divorce is acrimonious. While leaving might take care of this, do keep in mind that the court might take your leaving into account when ruling on custody and parenting time. They might figure that the children are now used to living with just the other parent, leaving you at a potential disadvantage if you want the children to live with you.

2. Is it a matter of safety?

If your spouse is violent or is threatening you with bodily harm, then it’s only sensible that you take measures to ensure your safety and the children. This may include obtaining a restraining order against them. While awaiting the outcome of the petition, you may seek temporary shelter (together with the children, if possible) away from the home.

Divorce can be emotionally draining. Understanding your rights and obligations during these tumultuous times can help you avoid costly missteps that can complicate matters down the road.