Why Moving Out Is a Mistake
During a divorce,
there are numerous complexities and implications when one spouse abruptly moves
out of the marital home without considering the consequences. While moving out
may become necessary due to significant mental health issues or safety concerns
in family violence situations, the average person should not hastily leave
without a clear, pre-arranged agreement on key issues. M&T advises against
moving out without an agreement, as it can exacerbate conflicts over access to
property, child custody, and financial responsibilities.
Access to Property
A common pitfall after one spouse leaves the marital home is being locked out or unable to retrieve personal items due to changed locks and unanswered calls. Judges are typically understanding of one party's need to move out to maintain peace, but it is crucial to do so responsibly to avoid the appearance of abandoning the family.
Disagreements Concerning Child Custody
If a parent moves out of the marital home without the children and without a child custody agreement, this can undermine their claim of being the primary caregiver. Leaving the children with the other parent can weaken one's position and convey a lack of commitment to their well-being. By leaving without a written agreement, the departing spouse gives the other parent the power to decide visitation and communication with the children.
Moving out can
significantly impact your custody claims. If you move out, you don't spend as
much time with your kids, which can harm your relationship and custody claims.
Courts try not to drastically change a child's schedule or living situation if
possible. The less time you spend with them now, the less likely this is to
change after finalizing the divorce. Having a parenting plan or custody
arrangement in place before moving out can protect your time with your children
and demonstrate your commitment to being an involved parent.
Financial Responsibilities
Moving out without a
clear understanding of financial responsibilities can lead to confusion over
who is responsible for paying which bills. Remaining in the home, despite
uncomfortable tension, can expedite settlement negotiations. By staying under
the same roof, spouses may be more inclined to compromise to hasten the
separation and divorce process.
Asset Division
Moving out can also
impact your financial situation and property division. Setting up a new home is
expensive, and the actions you take now can set a financial precedent for
post-divorce expectations. The marital home is often the most substantial
asset, and moving out can weaken your claim to it. Additionally, lack of access
to essential paperwork can complicate the divorce process, as many different
records are required during the Discovery process.
In sum, moving out of
the marital home without a strategic plan and clear agreements can lead to
severe complications and weaken your position in negotiations and custody
disputes. It is essential to think through these actions carefully and seek
legal advice to navigate the process effectively.