If you are facing a divorce in New York, you may consider moving out of the shared home. This might seem like the best option to avoid any further discord, however, moving out of the marital residence before the divorce is finalized can significantly impact the outcome of your case. Please continue reading as we explore what you should know about this matter and why working with a determined Suffolk County Divorce Attorney is in your best interest.
Will Moving Out of the Marital Home Impact the Outcome of My Divorce?
In most cases, the marital residence is considered a marital asset subject to equitable distribution. This means its value will be divided fairly between the spouses, though not necessarily equally. As long as your name is on the deed and the mortgage, your property rights won’t be in jeopardy. Even if you move out before the divorce, you will retain your right to the marital home. However, the court will consider your decision to leave when deciding how to divide marital property in a just manner.
While you won’t necessarily lose your custody rights simply because you moved out of the marital residence, the decisions you make once the divorce is pending could impact the judge’s final child custody decisions. The court recognizes that repeated change can be difficult for children. When one parent remains in the family home during a divorce, the parent may argue that changing this arrangement after the divorce would be disruptive for the children. The court often gives greater weight to the custody claim of the spouse who stayed in the family home.
If you plan on moving out, you should create a parenting agreement. The agreement should establish a schedule outlining when each party will spend time with the children. If you don’t establish a parenting schedule, you will be at a disadvantage when it’s time to finalize your custody agreement during divorce proceedings.
What Should I Do if I Want to Move During the Divorce?
Although you may want to move out of the marital home, it’s in your best interest to avoid this. While it can understandably be uncomfortable to continue living under the same roof as someone whom you are currently divorcing, moving out can have a significant impact on the outcome of your case. It’s important to note that neither party can legally force the other to vacate the residence without a court order. However, this may be a viable option for those who are victims of domestic violence or abuse.
If you are going through a divorce, you should consider the financial impact of renting a property. Generally, finding a new place to live won’t absolve you of your obligations regarding household expenses. This is especially true if you are the primary breadwinner. The court can order you to continue to make payments on the house and pay for regular expenses even if you no longer live there, including the mortgage and utilities. This means you can wind up paying for two homes, which can impact your financial security.
Before you decide to move out of the marital home, it’s advisable to connect with an experienced Suffolk County divorce attorney from the Law Offices of Susan A. Kassel, P.C., who can help protect your interests. Connect with our firm today to learn how we can assist you during these complex matters.
