What Happens if I Move Out Before We File for Divorce?

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Upset unhappy young couple moving out from home

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.

 

 

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne

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The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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