Should I Leave The Family Home Before The Divorce Is Finalized?

On Behalf of Godley Law Firm |

Oct 10, 2022

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Divorce

A few things are as unsettling as sharing a home with a person that you no longer love. In fact, the gut reaction for most couples going through the divorce is usually to separate and leave the home they share with their soon-to-be ex as soon as possible.

While this temptation is usually great and sensible, it helps to understand the consequences of your impending actions. In certain circumstances, moving out might make sense. Most often, however, moving out can negatively impact various aspects of your divorce case. Here is how.

Why moving out may not be a good idea

One reason most people give for insisting on remaining in the marital home is the fear of “giving up” their claim of the home. This is untrue. Moving out does will not impact the property division process. You will not give up your right to be awarded the marital home if the court believes this is right. However, if you leave your children behind while moving out, then this could cause problems with your custody case. Generally, the court prefers to preserve the status quo as far as the children’s living arrangements are concerned. In leaving the marital home before finalizing the divorce, you will be limiting your contact with the kids. You will also be giving the court the impression that the other parent is capable of caring for the children in your absence. Consequently, the court may end up awarding them the primary custody of the kids.

Why you may consider moving out

Generally, there are quite a few situations when leaving the marital home before the divorce is finalized may be a better idea. The primary one is when you feel your safety and that of your children are endangered. While your safety is paramount, you should never simply move out without question. One of the options you can consider to enhance your safety is obtaining a restraining order against your spouse.

Divorce is tough. Find out how you can safeguard your rights and interests while going through the divorce in Louisiana.