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Who Should Move Out During Divorce?

by | Aug 17, 2021 | Uncategorized |

When you are planning to file for divorce, or your spouse has informed you that she or he plans to file for divorce, the most common scenario is that one of the spouses will move out of the marital home. Yet when making a decision about moving out, it is important to consider a wide variety of factors that ultimately could affect your post-divorce future. The following are some considerations that you should take into account when you are thinking about who should move out during the Michigan divorce process.

Do Either of You Really Need to Move Out? 

Many states require divorcing spouses to live separately and apart for a particular amount of time before they can file for divorce. That term “separate and apart,” in most states that require it, means that one of the spouses needs to move out of the marital home or that both spouses need to find new residences. In other words, the spouses cannot reside in the same place. However, under Michigan law, there is no such requirement. Accordingly, if you and your spouse are divorcing on relatively amicable terms and you want to save money for your post-divorce life, it could make sense for both of you to remain living in the marital home until the divorce is finalized and the property can be sold or assigned to one of the spouses. 

Do You Share Minor Children from Your Marriage? 

If you share minor children from your marriage, it will be important to think about who will have a majority of parenting time during the divorce process and where the children may be most comfortable. In most circumstances, it will make sense for the spouse with more parenting time to remain in the marital home with the children while the other spouse moves out (if moving out is necessary).

Do You Have Concerns About Family Violence or Safety?

If you have concerns about family violence, including your own safety or the safety of your children, moving out of your house may be the best option for you if you are planning to file for divorce. Many spouses decide to file for divorce because of domestic violence, and the act of filing for divorce can, unfortunately, have injurious consequences in situations when the spouse who receives the divorce papers has a history of violence. While you should speak with your attorney and with experts who can assist you, moving out of the house may be the best option to ensure that you remain safe during the divorce process. 

Contact Our Divorce Attorneys in Michigan

Moving is a major life decision under any circumstances, and it can be a particularly fraught decision when you are going through a divorce. If you are unsure about moving out of your marital home, or if you have questions or concerns about what moving out could mean for you or your spouse, you should get in touch with an experienced divorce lawyer in Michigan who can help. Contact the Law Offices of Michael A. Robbins to learn more about the services we provide to divorcing parties in Michigan.