Should I Move Out of the Family Home?

Your home is not just a house, but a source of comfort and, in most cases, your most valuable financial asset. However, when you are in the midst of a divorce, you might be wondering if you should stay or go, and what the implications of either decision might be or how it could potentially impact the outcome of your divorce settlement. The answer to these questions depends on the specific circumstances of your situation.

Are You Safe?

Your safety is paramount, so if domestic violence is a factor in your situation, it is imperative you do what is necessary to be safe. This does not necessarily mean you should move out. In fact, you can ask a judge to order your abusive spouse to move out of the family home. In the meantime, it would be safest to temporarily leave the home until you are able to obtain this order. If you share children with your spouse, take them with you, but be sure to obtain a court order for temporary custody as soon as possible to avoid allegations of kidnapping. It would also be wise to consult an attorney.

Even if there is no violence in your home, living with your soon-to-be ex-spouse can quickly become a challenging and contentious situation, so you might have to consider ways to resolve issues of child custody and property temporarily before moving out.

Child Custody

If you and your spouse share children, a judge will always consider their needs and protect their best interests. Oftentimes, this means upholding the status quo to avoid unnecessary and disruptive changes in their lives. If you move out of the family home, the remaining parent might argue that changing this arrangement will be detrimental to the wellbeing of the children. You might argue that you should not be penalized for attempting to reduce conflict by leaving the home, but all of this can simply be avoided if you and your ex-spouse create a written parenting agreement before one of you moves out. If an agreement cannot be reached, you can take the issue to court and ask for a parenting schedule to be established.

Finances & Property

Some spouses might choose to continue to live together because they realize that they cannot afford to support a second household. For example, if you were the higher-earning spouse and chose to move out, you would still be expected to pay many of the household expenses, such as mortgage and insurance payments. This is not exactly a great deal if you are the spouse who moves out.

Experienced Clarksville Divorce Attorney

At Patton | Pittman, we have more than 75 years of combined experience, which we will dedicate to your divorce case. We understand the difficulties of this situation and are here to do what it takes to protect your interests and ensure you and your children have a better future.

Contact our office today at (931) 361-4477 to schedule a free consultation.

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