Should I Leave the Marital Home Before My Divorce is Finalized?

Your home is not only sentimental to you, but it is also probably your most valuable asset. If you are getting a divorce, you probably have some concerns about moving out of the marital home before it is finalized. Before you make a decision regarding whether you plan on moving out of the marital home, you must carefully consider the impact this may have on the outcome of your divorce. If you choose to move out, you must do so thoughtfully to ensure your assets and interests are protected.

Safety First

For some, remaining in the marital home is not an option when domestic violence is involved. If you are concerned for your safety or the safety of your children, you must secure a protective order from a judge, ordering your abusive spouse to move out of the home. In the meantime, it might be safest for you and your children to temporarily leave the home during the process. If you take your children with you, you must secure a court order for temporary custody as soon as possible. Otherwise, you risk allegations of kidnapping.

Child Custody and the Family Home

If domestic violence is not a factor in your case, you will face other obstacles while deciding if it is best to remain in the family home. Generally, judges favor stability and consistency for children and tend to maintain the status quo if it serves the best interest of the children. If you move out of the family home and your spouse and children continue to live in it, a judge might lean more towards preserving this arrangement to avoid disrupting the children’s lives. To avoid this, both spouses sometimes choose to remain in the home together, especially if funds are limited.

However, if you choose to move out, you should create a written parenting agreement before moving out. The agreement should establish a parenting schedule and an acknowledgement that the move does not indicate either party is giving up any parental rights. If you cannot reach an agreement on this, you can ask the court to establish a parenting schedule.

Financial Concerns

If you move out of the marital home before your divorce is finalized, it is unlikely it will have an impact on property division. Property must be divided equitably, according to New York law, so your choice to move or stay will not increase or decrease your chances of keeping the home.

That said, a more important financial concern for you or your spouse may be less about who will keep the home and more about whether you can afford to move out. You may both have to navigate and share this space until your divorce is finalized.

Call an Experienced Divorce Attorney Today!

If you are getting divorced and have concerns about the impact moving out of the marital home may have, call the team at Empire Law for the legal advice and guidance you need. Our experienced team has the insight and skill necessary to help you navigate the complexities of your divorce.

Call us today at (914) 752-5333 to set up a free consultation.