It happens far too often. The spouse who initiates the divorce feels compelled
to be the one to leave the home. Or the spouse initiating divorce tells
the other to move out, and the other stunned spouse bemusedly complies.
There are many, many reasons while moving out of the house of your own
free will can put so much at risk in a divorce.
The Effect on Child Custody and Support
In a child custody hearing, it will probably count against you if you packed
your bags and checked out on your own. The other parent could portray
this as abandonment. You need to show a family court that you deeply care
about your kids; leaving them freely will not look justified in the eyes
of a judge.
Is your name on the lease or mortgage? Even if you agree that you don't
want your children to see you fighting, or even if you are threatened
with calls to the police, you have every right to stay in the house. Otherwise,
you and your children could find yourselves with an unfair
child custody arrangement, and you could be saddled with steeper child support payments.
The Effect on Spousal Maintenance
If you have a higher income than your spouse, and you move out into a new
apartment during the divorce, the court might set up a temporary order
that requires you to pay for everything you did before the separation.
So this means that if you paid the mortgage, utilities, and car loan before
you separated, you would have to keep up these payments. You may also
be told to pay
temporary alimony to support your spouse during the divorce. And once these orders are in
place, a court might see no reason to change something that appears to
work. No matter how stretched thin you are, you might be told to keep
up the extensive spousal support.
The Dangers of Incomplete Financial Disclosure in Your Divorce
If you leave the house and make the common slipup of not taking important
financial documents with you, you may not be able to find them all later.
Not only might your spouse bar access to the house from then on, but certain
papers might never see the light of day, even if you do go through the
legal process of discovery to track down missing records.
While moving out might ease problems in the short term, you could feel
the consequences of the ill-advised choice to leave the house for years
to come. If you want to leave the marital home before your divorce is
finalized, you need to speak to a divorce attorney of what the repercussions
could be in your case, and whether creating a written agreement before
separating might protect your rights in the divorce.
Call the Meyers Law Group, P.C. today to speak to an experienced divorce lawyer in Long Island.