Once you realize your marriage is ending, it can be difficult to continue living with your spouse. Deciding whether to move out during your divorce can be conflicting. Many people amid divorce want to know, ‘Is moving out during a divorce a good or a bad idea?’ The truth is, it can significantly impact your divorce case, especially if there are shared children. Understanding the legal ramifications of moving out can help you decide.
First, if you haven’t already, hire a divorce lawyer. The legal advice they can offer on your unique and personal situation can be invaluable in the long run. There is so much at stake during a divorce. Your income can be affected. Most divorced households recover to about 30% below their pre-divorce income after 10 years.
From the Court’s Perspective on Child Custody
If you physically separate from your spouse before your divorce is final, it can look bad to the court, especially if you have children. The judge will question whether your moving out affected the stability of your children’s well-being. This can affect a court-ordered custody decision as a divorce is nearing its conclusion.
A better option is to get a Glendale divorce lawyer to advise you on requesting a temporary court-ordered custody and child support plan. This way, your exit is approved by the court, and it won’t be a surprise thereafter.
The court just wants to see that your children’s routines and daily lifestyle aren’t disrupted by your exit. The judge usually wants you to maintain the same level of involvement in your children’s day-to-day life. When you diminish that involvement, it can affect custody.
Courts favor a parent who continues to provide stability. They tend to go with what is already working, and if you’ve moved out and your kids have already adjusted to having less interaction with you, the court may shy away from changing their routine once again. Again, the safest way to preserve your reputation in regard to child custody is to get a temporary parenting plan through the court before you move out.
The Los Angeles Superior Court system is the largest trial court in the country, and things move fast every day. Judges are often straightforward. If they see you’ve already moved out, they may automatically assume you’ve backed off from many of the day-to-day parenting activities. This can ultimately sway their decision in determining custody of your children.
Your Rights to Marital Property
When one spouse moves out without obtaining a court-ordered temporary order, the other spouse has exclusive possession and use of the marital home until the divorce is final. Moving out does not relinquish your ownership rights, but it can make it harder to negotiate effectively later on. Ultimately, staying in the home, no matter how difficult that is, preserves both spouses’ access and claim to financial personal property.
Financial Implications
If one spouse moves out of the family household, suddenly there are twice as many bills to pay. They may still be obligated to make mortgage payments, pay taxes, and contribute to utility bills and food. This is in addition to the expense of a new second residence, which can heavily strain the budget of one or both spouses. The financial burden can result in a domino effect and have long-term implications if it strains resources while the divorce is pending.
Why Choose Us?
The Khalaf Law Group can offer you the highest level of professionalism and legal skill for your Glendale divorce. We understand the challenges of divorce and can help you tailor legal solutions to your needs. Our legal team has over a decade of experience serving families in Southern California. We would also like the opportunity to serve you. Our approach is respectful and compassionate, and your needs are our top priority.
FAQs
Q: What Is the Biggest Mistake During a Divorce?
A: There are many big mistakes couples can make in a divorce. Which one is the biggest depends on each divorce case. Some of the biggest mistakes during a divorce include moving out of the marital home without a temporary court order, badmouthing your spouse, especially in front of your children or in front of the judge, and hiding assets from your partner. A divorce attorney can advise you on making certain decisions that could harm your case.
Q: Why Shouldn’t You Leave the House During a Divorce?
A: You shouldn’t leave the house during a divorce because it can lead to putting yourself in a negative light in front of the judge. It could affect custody orders or your ability to negotiate who gets to stay in your marital home. This can get complicated, especially since most family homes are marital property. Discuss your options with a qualified divorce attorney who is familiar with divorce laws.
Q: Is It Bad to Leave the House During a Divorce?
A: Yes, it can be bad to leave the house during a divorce for financial reasons. If you are still responsible for paying the mortgage, you could put yourself under financial strain if you have to support two households. This can deplete your resources, as well as pit you as an outsider when it comes to child custody, and cause issues regarding the division of marital property.
Q: Why Is Moving Out the Biggest Mistake in a Divorce?
A: Moving out can be one of the biggest mistakes one spouse makes in a divorce. If it’s necessary, you should first consult a divorce lawyer for advice and assistance. They may advise you to stay in your home to avoid child custody and/or financial issues. They may recommend that you file for a temporary court order that allows you to move out without repercussions later on.
Hire a Divorce Lawyer in Glendale Who Understands California Divorce Laws
When in doubt, you can always ask a divorce attorney for advice regarding what California divorce laws say about moving out and how it can affect your divorce. Every divorce case is unique. It is important to enlist the help of a legal professional who can provide you with customized legal counsel. Contact the Khalaf Law Group to speak with a divorce lawyer sensitive to these types of situations.
