We see it happen in movies and real life time and time again: One partner leaves the marital home in the days leading up to the dissolution of their marriage. Experts say that more spouses every day are leaving their family homes because of an impending divorce — but that might not be the best move. Once a partner takes that first step out the door, regaining the property can be extraordinarily difficult for a variety of reasons.
One of the biggest reasons for staying: Your spouse’s attorney cannot accuse you of abandoning the family. Even if you are being pressured into leaving by your current spouse, it is important to remember that you have a right to stay in the home as long as your name is on the mortgage or the lease. It is not unheard of for partners to attempt to coerce the other person to vacate the property; “I don’t want the kids to see us fight” and “I’m going to call the police” tend to be some of the more common responses. Do not allow yourself to be swayed by such tactics.
The fact is that courts are far more likely to look upon a parent favorably if that individual stuck around during the divorce. Child custody decisions tend to favor those parents who are seen as dedicated and committed. Parents are encouraged to show proof of their involvement in their children’s lives during many of these courtroom proceedings. What better way to support your cause than to explain that you stayed for your children even in the wake of a messy break-up?
Moving out can also be a negative choice for couples who do not have children. Ultimately, it is important to educate yourself before making major decisions with regard to your divorce. Even something as simple as moving out of the home could lead to complicated divorce legal issues that could have been avoided.
Source: The Huffington Post, “Why Moving Out Is the Biggest Mistake in a Divorce” Joseph E. Cordell, Jun. 19, 2014