Should You Move Out Of The Family Home Before Your Divorce Is Final?

Television shows and movies often show one spouse moving out of the family home as soon as divorce is even mentioned. If you and your spouse are considering a divorce, you may think this is a logical move, particularly if you and your spouse cannot stop fighting. However, it is important to know that moving out of the marital home before your divorce is final can have significant ramifications for your case. Below, our Long Island divorce lawyer explains why you may want to think twice before moving out of the family home before your case is finalized.

The Impact on Child Custody Decisions

If you and your spouse have children together and you move out of the family home before your case is final, it may negatively impact your child custody case. By moving out, you may be signaling to the Courts that your spouse is the primary caregiver and that they are capable of raising the children. This could hurt you negatively in a child custody case. Also, the courts may view your willingness to move as proof that you were willing to sacrifice time with your children. If your spouse makes arguments against you, the court may be more inclined to believe them if you have moved out of the family home.

The Impact on the Family Home

The very act of moving out may have an impact on the family home and your rights to it now, and in the future. If you move out, your spouse may petition the court to grant them exclusive use and possession of it. If the court grants the request, you will need permission from your spouse to enter the home at all, even if it is only to gather your possessions or spend time with your kids. A Court may also be more likely to award your spouse use of the family home after a trial because you have already moved out.

The Impact on Your Finances

It is no secret that moving is expensive. You will have to find a new place to live and either pay a downpayment on a mortgage or pay first and last months’ rent and possibly a security deposit. You may even have to purchase new furniture and other furnishings for your new home. On top of that, you may find that you have additional expenses as a result of your divorce, such as child support or alimony. You may still also have to make contributions to your old family home, such as mortgage payments. Before moving out, you need to seriously ask yourself if you can afford to do so.

Our Divorce Lawyer in Long Island Can Advise on All Aspects of Your Case

When going through a divorce, you will have a lot of questions. At the Law Office of Joshua Adam Kittenplan, P.C., our Long Island divorce lawyer can answer all of them and guide you throughout the process so you obtain the best possible outcome. Call us now at 631-499-0606 or contact us online to schedule a free consultation.

Sources:

nysenate.gov/legislation/laws/DOM/240

law.justia.com/codes/new-york/2018/dom/article-10/170/