Will I Have to Move Out After Being Served Divorce Papers?

Suburban home at dusk with illuminated windows, a well-manicured lawn, and a welcoming walkway under a cloudy sky, not far from where one might seek a divorce lawyer near Nassau County

If you have been served divorce papers by your spouse, you may think it will be more comfortable if you move out. However, especially if believe you and your spouse are able to amicably live together, leaving your family home before your divorce is finalized may not be in your best interest. Learn more about the advantages of staying and how one of the experienced divorce attorneys in Nassau County at Barrows Levy PLLC can help you navigate your situation.

Am I allowed to stay in my family home during my divorce proceedings in New York state?

In New York state, your spouse does not have the right to force you to move out of your family home before your divorce is finalized. This is because New York courts consider all properties acquired during a marriage as jointly owned, so you and your spouse have an equal right to reside in the house until the marriage is dissolved. Additionally, your spouse cannot force you to leave even if they solely own your family home and it is not considered marital property.

Why should I not move out of my family home during my divorce proceedings?

When it comes time to make child custody settlement agreements in your divorce proceedings, the New York court may prefer the parent who stays in the family home with the child. So, if you would like joint custody of your child, it is in your best interest to remain in your family home so that you can prove to the court that you continued to care for your child. But if you move out, you will leave the court to conclude that the arrangement with your spouse and your child is working in your child’s best interest. Also, if you move to a residence that is not suitable to raise your child, even if you claim that it is a temporary stay, the court will take this into consideration as well.

For more information, contact a skilled Nassau County child custody lawyer today.

Under what circumstances can I force my spouse to move out during my divorce proceedings?

If you are suffering a domestic abuse situation, you may file for protection from New York state. With this, a judge can issue a restraining order to remove your spouse from your family home. In other circumstances, if you can provide clear evidence to the New York court that your spouse’s move would be in the best interest of your child, they may grant your request to remove your spouse from your family home.

And if you would like to move out with your child, you can have your spouse sign an agreement consenting to the move. But if they do not agree to this, you can obtain a court order for temporary physical custody of your child.


If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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