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Can I leave the family home before the divorce is finalized?

On Behalf of | Oct 26, 2021 | Child Custody, Divorce

Few things are as uncomfortable as living with someone with whom you have fallen out of love with. When the fallout escalates to the level of getting divorced, the discomfort you might be feeling can reach its peak. An obvious solution would be to pack up and move out of the marital home.

Whether by choice or not, moving out of the marital home while the divorce process is underway can have serious repercussions. Before packing your stuff and leaving, here are a few things you need to take into account:

Financial implications

Moving out of the marital home before the conclusion of your divorce case can hurt your finances. Remember, while the divorce process is ongoing, you will be expected to make your usual contributions to the household. This means that if you were responsible for paying utilities, mortgage and other expenses, you would be required to continue making these payments until the divorce is finalized. 

Also, the court may direct you to pay temporary alimony and child support. All these costs can add up and you might end up in a strained financial situation.

Implications on child custody

Moving out of your marital home before the divorce is finalized can also compromise your custody case. Moving away from your children without a clear custody or visitation arrangement could create problems down the road. 

Relocating from the marital home can give a judge the impression that you do not wish to be involved in your children’s day-to-day lives. Additionally, leaving your children in the care of your estranged spouse may indicate that you believe that your ex should be your kids’ primary caretaker. All these could work against you, especially if custody is contested. 

Moving out of the family home when you’re going through a divorce can come with many implications. It is important to review the circumstances of your divorce process and carefully weigh your decision to relocate before making any moves.