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Should you move out before filing for divorce?

On Behalf of | Nov 6, 2024 | Divorce

Divorce is a big decision. One of the first questions you might ask is whether to move out of your shared home. This choice can affect your case in many ways. Let’s look at the pros and cons of moving out before you file for divorce.

The upsides of staying put

Keeping your routine can help you stay calm during a stressful time. If you have kids, staying in the family home can give them a sense of stability. It also shows the court that you’re committed to your parental duties.

Staying in your house can protect your claim to it in the divorce. If you leave, your spouse might argue that you’ve given up your right to the property. Plus, you’ll save money on rent or a new mortgage while the divorce is ongoing.

When moving out might make sense

Sometimes, staying in the same house as your soon-to-be ex is too hard. If there’s a lot of fighting or tension, moving out could be better for your mental health. It might also be safer if there’s any risk of domestic violence.

Moving out can give you space to think clearly about your next steps. You’ll have more privacy to talk with your lawyer and plan your case. It can also help you start building your new, independent life.

Things to consider before you decide

Talk to a lawyer before you make any big moves. They can tell you how leaving might affect your case. If you do decide to move out, make sure you:

  • Document everything in the house before you go
  • Take important papers and valuables with you
  • Set up a formal agreement about who pays for what
  • Create a clear schedule for seeing your kids if you have them

The choice to move out is personal. There’s no one-size-fits-all answer. Think about your specific situation, talk to a professional and make the choice that’s best for you and your family.