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Will Moving Out Before Divorce Impact the Outcome?

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When your marriage is effectively over, filing for divorce is likely your only option. However, it’s imperative to understand that even though this is an incredibly difficult emotional time, it is also a complicated legal matter. As such, you must understand that every action you take will have an impact on the outcome of your divorce. One area you may not have considered was whether moving out of the marital home can influence your divorce. The following blog explores what you should know if you or your spouse have considered moving out and why working with a Somerset County divorce attorney is in your best interest for guidance during these matters.

Does Moving Out Impact the Outcome of a Divorce?

When you and your spouse can no longer make your marriage work, filing for divorce is generally the last option. As such, you may assume that because you have filed, one party needs to move out. While this makes sense, it’s important to understand that moving out of the marital home can have an impact on the outcome of your divorce.

One of the main impacts is that it can have an impact on your finances. Though you may be entitled to half of the property during the property distribution phase, you may still be responsible for paying bills for the household, even if you move out. This is because the judge can issue “status quo” orders, essentially mandating that everything continue as normal until the finalization of your divorce.

In addition, you may find that you will have to start temporary alimony and child support orders if you move out, which can cause financial stress.

Finally, you may notice that if you move out, it can be harder to access important papers, like your financial documents, property deeds, and banking information. This can cause delays as you try to get new copies of these documents.

What Can I Do if I Want to Move During the Divorce?

Though you may want to move out, it’s in your best interest to avoid this. While it can be stressful and uncomfortable to continue living in the same place with someone whom you are currently divorcing, moving out can have more impact on you and your case.

It’s also important to note that you nor your spouse can legally force the other to leave the home without a court order. Generally, these are only viable for those who are victims of abuse.

As such, if you are going through a divorce, establishing ground rules with your spouse about how you will continue to live together until your divorce is finalized is critical. You may want to designate certain areas of the home to each other, keeping them off-limits to ensure both parties feel as though they have their own spaces. Additionally, you can explain how you should navigate spending time with your children, if you have any.

Going through a divorce is an incredibly complicated process, so it’s in your best interest to connect with an experienced attorney from the Siragusa Law Firm who can assist you during these matters. We understand that there are many things you may not have considered, which is why we are ready to guide you through this legal process. Connect with us today to learn how we can assist you.

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