If you are considering divorce, you are likely going through a difficult time, and moving out of your family home temporarily – as you move through the divorce process – may seem like a good idea. After all, emotions run high during a divorce, and vacating the premises could help provide your children with a more peaceful living environment. However, moving out of your marital home during a divorce is not always a great idea. In fact, it can sometimes be more damaging than it is beneficial. If you are facing divorce, an experienced Raleigh family lawyer will help ensure that you make well-informed decisions throughout the divorce process.
Extenuating Circumstances
There is one important caveat to the general rule that moving out of your family home is not in your best interests, and that is if you believe you and/or your children’s safety is in jeopardy. Always prioritize your welfare and safety, and do whatever you need to do to remain safe.
Vacating Your Family Home
If you move out of your family home, it changes your family’s status quo. Now, your spouse is living in your home with your children, and that is the new normal. While this should not affect the division of your marital property (your home remains marital property no matter who lives in it), it can affect your ability to move back into your home. In fact, the court is often likely to determine that the spouse living in the home should remain in the home. Further, you may be required to contribute financially to your family home while you reside elsewhere, which can impact your finances post-divorce.
Child Custody Arrangements
While we’ve touched on some basic reasons why moving out of your marital home will not always work in your favor, an important factor is how it can affect your child custody arrangements, including:
- Moving out of your home can be interpreted to mean that you have less interest in living with your children than your spouse does.
- Moving out of your home can diminish your chances of obtaining primary custody and might even negatively affect your visitation schedule.
- If you are able to support yourself and your family home during the pendency of your divorce, the court may interpret this as meaning you can continue to do so.
If you are going through a divorce, your children are a primary concern, and you want to make well-considered decisions that won’t negatively impact your ongoing relationship with them.
If You’re Facing a Divorce, Contact an Experienced Raleigh Family Lawyer Today
If you’re going through a divorce, you have plenty of important decisions to make and compromises to hammer out. Raleigh Divorce Attorney Daphne Edwards at Daphne Edwards Divorce & Family Law in Raleigh, North Carolina, has the experience, dedication, and compassion to help you make tough but necessary decisions that protect you and your children. For more information, please contact us online or call us at 919-891-8552 today.