Should I Move Out Before My Divorce is Finalized?

man sitting in car with boxes

When you and your spouse file for divorce, you may anticipate moving out to avoid the conflict of living with someone whom you are currently divorcing. Though this may seem standard, it’s important to understand that moving out can have a considerable impact on your divorce. As such, the following blog explores what you should know about these matters and why connecting with a Nassau County divorce lawyer is recommended before you make any decisions regarding your divorce.

What Can I Expect to Happen if I Move Out Amid My Divorce?

When you and your spouse decide to file, you may discuss who should move out of the marital home. However, it’s important to understand the implications that this can have on you and your finances. Generally, the judge assigned to your case can issue a “status quo” order, which essentially means that all financial issues must remain the same. As such, if you move out, you will still be responsible for making household payments, like utilities and mortgages, on top of your new rent or mortgage payments. In addition, buying a new home may put your stake in the marital home at risk.

In addition, you may be ordered to begin paying temporary alimony or child support until these matters can be officially decided upon in your divorce decree. However, if these temporary payments are proving not to be a strain on your life, you’ll find that the courts may increase the amount you pay if they decide long-term alimony is necessary.

What Should I Do Instead?

Though you may want to move out to avoid awkward moments or additional conflict with your spouse, doing so can have a negative impact on your divorce and finances for years to come.

As such, you and your spouse should establish rules about living together. For example, this could include designating a room for each party where they can spend time without disruption and limiting guests over to the family home.

You should also note that neither you nor your spouse can legally force the other party to leave without a court order. Additionally, these are only granted in extreme circumstances, like when one party is the victim of abuse.

Regardless, the most important thing you can do during these matters is consult an experienced divorce attorney from Barrows Levy. Our team understands how complicated this issue can be, which is why we will examine the circumstances to determine the best course of action for your needs. When you are going through a divorce, ensuring you have legal representation on your side to fight for your nest interest is critical. Contact us today to learn how we can help you.

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