Potential Consequences of Moving Out of Your Marital Home During a Divorce

When married couples split up and one party moves out it can have devastating legal consequences in your divorce. An informative article from The Huffington Post points out that some potential consequences of moving out of your marital home include:

  • Being labeled as someone who abandoned their family,

  • Inadvertently establishing a new status quo, and

  • Missing out on the opportunity to take important documents with you.

Being Labeled as Someone Who Abandoned Their Family

Keep in mind that you have no legal obligation to move out of the marital home (unless a court orders you to do so). Therefore, a spouse who voluntarily moves out may be labeled during their divorce as someone who abandoned their family. This label can be especially damaging if you have children who continued to live in the marital home after you moved out because the court may interpret your decision to leave as an indication that being in your kids day-to-day lives is not a top priority for you. This may be used as evidence against you when you child(ren)'s custody arrangement is being arranged.

Inadvertently Establishing a New Status Quo

Even spouses who do not have have children should hesitate before moving out of the marital home because doing so can potentially help establish a detrimental status quo. For example, if the family's primary breadwinner moves out of the marital home before the couple gets divorced and continues to pay the mortgage on their family home while living elsewhere, then a court may require that spouse to continuing providing the same level of support during or after the divorce is finalized.

Missing Out On the Opportunity to Take Important Documents With You

Additionally, spouses who hastily move out of their marital homes tend not to grab important financial records when they go. While your spouse will likely be required to turn over these forgotten documents during your divorce proceedings, not having early access to them may prolong your divorce and ultimately increase your attorney's fees.

Need Legal Advice?

As you can see, moving out of the marital home can have a devastating impact on your divorce. Therefore, if your marriage is in trouble and you are contemplating moving out be sure to consult with an experienced divorce attorney before you do so. Additionally, even if you have already moved out of your marital home you may want to consult with a local lawyer about how you can minimize the legal consequences of your move. At the Law Offices of Michael A. Robbins we are committed to assisting our clients through every step of the divorce process, and we would be happy to help you. Call our Bloomfield Hills office today at (248) 646-7980 to schedule an initial consultation.