Getting Divorced: When Should You Move Out?

For anyone in a horrible marriage that has been frenzied with quarreling and misery for a while, it may seem logical to consider packing up your stuff and finding a place of your own by way of announcing that you’re ready for a divorce.  While there are situations in which moving out is absolutely the common-sense—even essential—move, such as in cases where violence has been an issue, sometimes moving out can lead to hitches in a divorce.

The Plus Side of Moving Out 

One of the greatest benefits of getting out from under the same roof is that everyone—you, your spouse, and your kids– can finally get some degree of peace. Time and distance could lead to some cooling off, which could result in more reasonable negotiations impacting the divorce. The concern is not all just for adults! Whether you’ve insulated your children from the bickering or you’ve had all-out battles with them under foot, they’ve definitely been impacted by the discord in the home. It’s difficult to live with tension in the air, and kids often don’t know what to do with their feelings. That ultimately could upset their sleep, behavior, learning, and general well-being.

 The Downside of Moving Out 

While there are certainly benefits to moving into your own place, there could be some problems impacting the divorce itself:

• The first issue relates to your custody claims. Once you move out, you’ll effectively be spending less time with your kids, potentially impacting the way the court views parenting issues. If you really feel strongly about leaving the home, you should first get a parenting plan in place establishing a reasonable custody arrangement so that you protect your time with the kids. Then be diligent in prioritizing that time and establishing that you are a forceful presence in their lives.
• Divorce negotiations can get into some intricate details, so having access to paperwork such as life insurance policies, loan documents, bank statements and so forth is critical. If you‘ve moved out of the family home, getting your hands on these and other documents may be more challenging.
• Another potential impact of moving out relates to property division and support. If you are paying the bills in two places now, the court may see that doing so works. While you’re scraping by to pick up a new set of bath towels and a mismatched set of dishes for your apartment, your family continues to rely on you to pay their bills, and that could go on for a very long time if the court sees that you can afford to do it and your ex requires it.

The Best Move for You 

So, what’s the best move for you? Schedule a confidential consultation with the experienced Boca Raton divorce attorneys at WiseLieberman in our office today and we can come up with a plan!

Source:

flcourts.gov/content/download/686031/file_pdf/995a.pdf