Should You Move Out of the Marital Home?

Perhaps the entire point of a divorce is to be able to end your relationship and live separately from your spouse. Most people who want a divorce want that physical separation. If you are living with your spouse and desperately want to move out, there are some important things to consider.

Before you do anything, you must talk to your attorney. Moving out of the marital home can have long-term implications for every aspect of your case. If you move out and leave the children behind, you can damage your chances of becoming the residential parent. Judges prefer to keep kids in their own home when possible.

Moving out of the home can also impact your chances of being awarded ownership of the home in the divorce. Courts are more likely to award the marital home to the spouse who is living in it. Moving out can also impact spousal maintenance. If you earn more than your spouse, moving out leaves him or her in a home with no way to pay the bills. You may be ordered to begin paying temporary maintenance which can lead to permanent maintenance.

Physical separation can be completely necessary, particularly if there is domestic abuse or fear of domestic abuse. Keeping yourself and your children safe is probably more important to you than financial matters. If abuse is a concern, you must discuss this with your attorney. It is possible your spouse could be ordered to move out.

The Sampair Group represents men and women in divorce and family law cases in the Mesa, Phoenix, and Glendale areas of Arizona. Our skilled attorneys are ready to discuss all of your concerns with you in a straightforward and honest way. Call us today.