Is it a Mistake to Move Out Before the Divorce is Finalized?

If you’re in a miserable marriage that has been consumed with bickering and unhappiness for a while, you may think packing up your stuff and finding your own place is the best way to announce that you want a divorce.  While there are circumstances where moving out is absolutely the logical—even necessary—thing to do, such as in cases where violence has been an issue, oftentimes moving out can lead to complications in a divorce.

Benefits of Moving Out

One of the best things about getting out from under the same roof is that everyone can get some peace. Time and distance could result in a little cooling off, leading to more reasonable negotiations in the divorce. And it’s not all about just the adults, either. Whether you’ve sheltered your kids from the arguing or had all-out clashes with them around, they’ve been impacted by the dissonance in the home. It’s tough to feel tension in the air, and kids may not know what to do with their feelings—which could affect their sleep, behavior, learning, and general well-being.

Potential Negative Impacts on Your Divorce 

• The first issue of concern relates to your custody claims. Once you move out, it stands to reason that you’ll be spending less time with your children. That could impact the way the court views parenting issues. If you really feel strongly about leaving the home, get a parenting plan in place establishing a reasonable custody arrangement and parenting plan so that you protect the time with your kids. Then make a point of prioritizing that time and demonstrating that you are a dynamic presence in their lives.
• Another impact of moving out relates to property division. If you are paying the bills in two places now, the court may see that doing so works. While you’re scraping by to pick up a new set of kitchen utensils and a used recliner for your apartment, your family is continuing to rely on you financially, and that could go on for a very long time if the court sees that you can afford it and your ex needs it.
• Divorce can be pretty complicated, so having access to paperwork like loan documents, life insurance policies, bank statements and so forth is important. If you are no longer in the family home, getting your hands on this sort of thing may be more difficult.

The Best Move for You

So, what’s the best move for you? Schedule a confidential consultation with the experienced Springfield divorce attorneys at Courtney & Mills in our Springfield office today and we can come up with a plan!

Source:

courts.mo.gov/file.jsp?id=30788