Those who are going through a divorce may find it hard to stay in the same home as their soon-to-be ex-spouse. A common question that divorce lawyers get is should you leave the marital home before the divorce is final? Many factors can affect the answer to this question, especially if your partner has been abusive. Depending on the reason for your divorce, children, and financial situation, leaving the marital home may not be possible until after the final proceedings.
If you or someone you know is experiencing domestic violence, help is available. Reach out to the National Domestic Violence Hotline at 800-799-7233 or text BEGIN to 88788.
Impact On Custody
If you and your spouse have children who live in the marital home, leaving before the divorce is final could damage your custody battle. Most often the parent who stays in the marital home with the children will end up being awarded the home in the divorce. It is unlikely that the courts will remove your partner who stayed in the home and reinstate you. If it is safe to do so, staying in the home to help with your children until the divorce is final will yield better results.
Abandonment Claims
For no-fault divorces, abandonment claims are less of an issue, but for fault divorce filings, leaving the home could hurt your case. Issues could be brought up in court and be used against you during the divorce proceedings. Your partner could claim that you have abandoned your shared responsibilities or financial obligations now that you don’t live in the marital home.
Personal Peace
Sometimes the reason for divorce is frequent conflict or fear of retaliation. Leaving the home you have shared with this partner could bring you some peace and lower your stress level. Depending on your situation, the cons of leaving the home may not outweigh the peace you could recieve. Those who have been abused, manipulated, or emotionally tested could find peace in finding a temporary living situation outside the marital home.
Paying For Two Residences
The marital home is often the largest asset that a divorcing couple has. If one partner moves out of the home, this could impact the division of property during the divorce. Leaving the home, even if you are on the deed for the home, could cause the courts to award the home to your partner during the divorce.
Moving out prematurely could cause other financial repercussions as well. Leaving a home you have spent so much time in can cause your life to feel uprooted. Paying a mortgage on two places or looking for a place to rent on top of your mortgage can cause financial stress. Finances will already be tight during a divorce, so moving out prematurely could leave you deep in debt.
Consult Your Attorney
Before you make any major decision while going through a divorce, consult your attorney for advice. Moving, job changes, leaving the home, dating, and more could impact how your divorce plays out. Speaking with your attorney and asking them for advice will help you proceed with caution.
When Leaving Is Necessary
Abusive partners, those threatening harm, or ones who are stealing from you are often reasons you should leave the marital home before the divorce proceedings are final. Depending on the specifics of your situation, you may be able to live with family or in a safe house until the legal proceedings have commenced. When staying the home puts you or your children at risk, you should prioritize safety above all else. Local resources can make the transition to a new space easier and protect the safety of all family members.
Divorce Help From KNK Lawyers
Kaufman, Nichols, and Kaufman are the top divorce lawyers in the state of Utah. We help those who are going through a divorce, looking to adopt, seeking guardianship, or need estate planning. Legal problems over family disputes can become confusing. Whether you need legal counsel or an aggressive lawyer during a trial, we are ready to help. Our legal team at KNK will help you navigate these matters with ease and ensure that you get the best outcome possible. Reach out to our law office in Ogden, UT today to learn more about our legal team.