Over 30 Years Experience Focused In Divorce & Family Law

Should I Move Out of the House During A Divorce?

On Behalf of | Feb 25, 2015 | Uncategorized |

There are many common questions people have when they are either considering divorce or have already initiated the process. For example: How will our property and other assets be divided up? Who will the kids live with? What will happen to our family business? How much spousal and/or child support will my children and I need to live? These are normal questions that need to be answered. However, there are so many other questions before and during a divorce that are also very important.

To Stay or to Go?

For example, another one of the typical questions we hear at the Oakland County, Michigan Law Offices of Michael A. Robbins is: “Should I move out of the house during a divorce?” While many people have this question – and it might seem like it’s an easy one to answer – the fact is there are many important things to consider when pondering this question. The answers will largely depend on your circumstances.

Moving Could Cost You

In most cases, the best thing to do is to stay in the home until the divorce is final. However, in the event that there is some kind of abuse or violence taking place, or the situation could turn dangerous then it is probably better to get out as soon as possible. Contrary to popular belief, leaving the home early should not affect property division, especially as it pertains to the equity in the home. If both parties acquired the home during the marriage then it will be considered marital property and divided accordingly, no matter who is living in the home. However, it is possible that the party living in the house might have a better chance of being awarded the home than the person who left. Additionally, you may still be ordered to support the home and other family expenses after you vacate.

Reasons to Stay

There are several reasons that staying in the home is a good idea, even if it is uncomfortable. The main reason to stay would be if children were involved. If you have children and you plan to fight for custody, leaving the home before the divorce could hurt you when it comes time to determine custody and parenting time if the children continue to reside in the marital home. This could be interpreted as sign that you don’t have a real interest in your children’s lives, whether that’s true or not. Plus, if your children stay in the home with your spouse it could set up a new status quo that might be more difficult to overcome in court during the custody portion of the settlement. You could also be affected financially because if you leave and are able to support yourself as well as your spouse during the divorce process then a judge could very likely rule that you can continue to do the same after the divorce is final.

Discomfort Can Be a Good Thing

One other important aspect to consider is that by staying under the same roof, it may help push the process along faster, as both parties will tend to want to reach a resolution quicker in order to put an end to the uncomfortable living arrangement. Coming together to compromise and to reach a settlement is more likely if both parties are feeling on the edge and ready to get it over with.

Contact Us

If you live in Michigan and are considering divorce, or you have already made up your mind to file for divorce, then you should speak with the experienced Oakland County divorce attorneys at the Law Offices of Michael A. Robbins. We know how to handle
divorce cases and we can look at your specific situation and help you determine if moving out is right for you, as well as helping you with many other important decisions. Please call us today at 248-646-7980 or send us your information online by
clicking here and we’ll be in touch with you.