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Don’t Make This Mistake Before Your Divorce is Finalized


Your divorce is long overdue and is taking its toll—the constant bickering is driving you mad.  It seems like the smart thing to do is to get out of the house now, avoid the relentless foul exchanges, and find yourself a bit of peace and quiet. Or is it?

Maybe Not

In fact, you should confer with your attorney before moving out or making any other major decisions.  That’s because there may be repercussions you haven’t thought of yet that your attorney can alert you to. Here are five important things to consider:

  1. False Accusations: If you exit the home, there’s a chance you could be accused of abandonment, or who knows what else!  Don’t give your spouse the chance to play those games!
  2. Documents Access: After moving out, it will be more difficult to get your hands on important papers like financial documents, retirement information, and other materials that you may need.  That will put you at a clear disadvantage going forward.
  3. Status Quo Orders:  Assuming you and your spouse cannot concur on the terms of the divorce, the judge may look to the status quo in order to make judgments about the future.  If you’ve already moved out, it’s possible you could lose out on claims to the house and/or the property inside it.
  4. Support Issues: In addition to potentially losing your claim to possessions, you could get jammed up paying bills on both your new place and the family home while waiting for the divorce to be settled. On top of that, the parent who leaves the house could be more likely to be encumbered with spousal and/or child support long-term.
  5. Custody Issues: Your claims to custody could be hurt by moving out. It’s likely there will be fewer and shorter quality interactions with your children after moving out. You’ll be the “absent” parent, which puts you at risk of losing the chance for full, or possibly even shared custody, since the court will necessarily consider disruptions to the children, distance to schools, and the adequacy of the living arrangements for the kids in both homes. If you’ve moved to a tiny apartment, shacked up with a roommate, or gone back to your childhood home with your parents, it may not appear to be the best situation for your kids.

Hang in There

As an alternative to leaving the family home, try to hold things together until the divorce is finalized.  This will allow you to preserve access to your kids, important documents, and possessions like your home, furniture, and other things.

Get Your Questions Answered

The experienced Boca Raton family attorneys at WiseLieberman are here to answer your legal questions and help you to get the best divorce settlement possible. To discuss, schedule a confidential consultation in our Boca Raton office today.

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