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Moving Out of Your Marital Home during the Divorce

Moving Out of Your Marital Home during the Divorce

Posted By Meyers Law Group, P.C. || 10-Jun-2013

With so much hype on the everyday life details of the celebrity culture, people often get a false sense of security with the information they learn from the tabloids about details like divorce. While they may not be spreading wrong details (though in many cases they do in order to write a good story) they also do not include the whole truth, and when it comes to a divorce in the state of New York, these details matter.

A recent celebrity divorce that has received much lime light is the one for Bethany Frankel and Jason Hoppy, and the interesting topic of why they are still living in the same $5 million loft together even though they are on their way to a divorce. This begs the question of why on earth the two people would remain together, as it is very clear they are equally unhappy together.

The primary reasoning behind this is over the fact that if either one of them were to leave their New York home before the divorce is final, the courts will consider it as being "abandonment" as opposed to just moving out (or so most of the tabloids are sharing). That way, if one spouse moves out prematurely, it can make it extremely difficult for them to fight for rights to the property settlement because of their act of abandoning their family.

A writer for Forbes Magazine shares that this is simply not the case for this couple. The laws regarding abandonment ended in 2010 and now there is a "no-fault" divorce law which means that regardless of who is living in the home at the time of the divorce, it is still viewed to be marital property and therefore subject to equitable distribution in the state of New York.

And while they may be living together for a number of reasons, many attorneys would actually encourage those who are divorcing to separate their living conditions during this time regardless of the property division laws. Being apart through the process of the divorce is beneficial as it will give them time to work out the details without having to be together 24/7.

If you are considering a divorce, be certain to discuss details with a trusted Long Island divorce lawyer at The Meyers Law Group, P.C. rather than heeding the advice of the tabloids and celebrity gossip, you want to make sure you receive all of the details. Our firm is well established in the community and have had the opportunities to help a number of families working through a divorce. Please contact our office today to learn more about how we can help you.