Thinking About Divorce? Two Reasons Not To Move Out Of The Martial Home Immediately
Marriage might be all about love, but divorce is all about being smart. Although divorce is a time when emotions are high, it's important that you don't let your emotions get the best of you. A common emotionally charged decision some people make is to move out of their martial home immediately. While it's not to say you have to stay in the same home as your partner until the divorce is final, it's not exactly wise to move out right away.
If you and your spouse have children together, your decision to leave sends a signal to the court that you think the other parent is fully competent at taking care of your children. Otherwise, you would not have left the child in their care. Once the divorce is filed, should you decide that you want custody of the children, you will have an uphill battle on your hands. First, this speaks negatively to your priorities as a parent.
If the welfare of your children was so important to you, why did you leave them? If you are now arguing that the other parent isn't a fit parent, why did you leave the children in the first place? These are just some of the questions you will have to answer for the court. Provided there is no abuse taking place, it's best to stay in the marital home until you and your spouse have drafted an agreement concerning your children.
Leaving your marital home before you and your spouse have come up with some type of agreement can also hurt you in the area of finances. When you pack your bags and move out, you are sending a loud signal to the courts that you are financially independent. Your ability to move outside the home means that you don't require the support of your spouse to meet your basic obligations.
If this isn't true, you need to stay put as alimony and even child support payments could be affected. This is particularly true if your partner was unaware that you wanted a divorce. Leaving the marital home could also cause you to lose your stake in the property, once your assets are divided because the court could interpret your quick departure as a sign that you were waiving your entitlement to the home.
Once you have determined that divorce is the best option for you and your partner, speak with a divorce attorney or law firm like Novenstern Fabriani & Gaudio, LLP. An attorney will guide you to ensure you aren't just making the right decision for today, but also the future.