Should you move out of the family home during a divorce?

Let’s face it, living under the same roof while going through a divorce can be quite unsettling. When “I no longer love you” gets to the point of filing for a divorce, the level of discomfort can get to its peak. At this point, the sensible solution would be to move out of the family home.

However, even if you have the means, there are several factors you need to take into account before leaving the marital home.

Why you may want to think twice before moving out

If you have kids, there is a compelling reason to dig in and stay put. Most often, the parent who remains in court with the children will stand a greater chance of getting custody. This is because the courts tend to preserve the status quo during divorce cases that involve children. Besides, if you move out, you will certainly lose contact with your children. And if you are not seeing your kids during the divorce process, it is likely the court will not interfere with the existing custody arrangement.

Moving out can be financially burdensome. Besides paying for your new home, you may also need to fulfill your financial obligations (like mortgage and utilities) to your current household. If you cannot afford all these, then you may want to stay in the family home during the divorce process.

Why you may want to move out during the divorce process

There are a few situations that might compel you to move out of the family home before finalizing the divorce. The main one is if you feel your life is endangered when you continue living under the same roof with your spouse. If there is a history of domestic violence in your marriage, then you might want to bring this to the attention of the court before moving out.

The decision to stay or move out of the family court during the divorce process can be difficult. It is in your best interest that you carefully weigh your legal options before making up your mind.