One of the first actions couples often take when considering divorce is for one spouse to move out of the marital home. Although this may seem like a logical step, leaving the marital home during the marriage, or too soon before divorce, could hurt your case in the upcoming divorce proceedings.
You Don’t Have To Leave
If your name is on the mortgage or lease agreement, you are under no obligation to leave your home unless a judge has ordered you to do so. Whether you’re the spouse filing for divorce or not, you have a legal right to remain on the property, and your spouse cannot force you to leave.
Don’t Be Accused Of Abandonment
When courts determine custody and timesharing, they will consider the children’s daily routines and the amount of contact they have had with each parent. If you leave the marital home, this could be viewed as abandoning your family, even if the reason for your departure was conflict or fighting within the home. It can be difficult to convince a judge that you want custody when you’ve been absent from the household for an extended period.
Maintaining Stability For The Kids
During a divorce, courts strive to maintain the status quo for children. Without a compelling reason, they are unlikely to change the children’s school or living arrangements, as stability is seen as important for their wellbeing.
Moving out of the marital home can create a new status quo and disrupt your children’s daily routines, even if they remain in the home. To maintain a strong bargaining position and control over your and your children’s living arrangements, it’s often best to stay in the marital home until the divorce is finalized.
When To Leave Immediately: Domestic Violence
If your spouse is violent or abusive, you should always leave the house for your safety and the safety of your children. If your spouse refuses to vacate the home, consult a family law attorney to obtain a restraining order, which can force your spouse to leave and help protect you and your children.
Conclusion
If you’re considering divorce and unsure whether you should move out of the marital home, or if you have already moved out and are worried about how it might affect your case, it’s important to speak with a qualified family law attorney as soon as possible. The DiPietro Family Law Group has teams of experienced family lawyers in Northern Virginia, Maryland, and Washington, DC.
Contact us to schedule a consultation today at (888) 530-4374.