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Home Blog Factors to Consider About Whether or Not Staying or Moving Out of Your Marital Home Before and During a Divorce Is an Option


When you’re about to get a divorce, you’ll always want to finalize the matter and completely cut ties with your partner. However, as professional family and divorce attorneys here at Jensen Family Law divorce lawyer Mesa, we understand the difficulties you’ll face when it comes to deciding between staying or moving out of your marital home before and during a divorce. As such, we bring you the factors you’ll want to consider first before making a final decision.

What to Consider About Moving Out or Staying in Your Marital Home Before and During a Divorce

If your marriage has gone sour and divorce seems to be the last option, acting on emotions about the matter can negatively affect you. Your divorce can lead to loss of interest in social activities, a sense of hatred towards your partner, feelings of guilt, emotional sensitivity, and irritability. Similarly, the idea of ending your marriage can confuse you about what is right between moving out and staying at your marital home before the issue is finalized. When that happens, below are the things to put into consideration:

Safety

Regardless of the cause of separation, most divorces are linked to fights and security risks you’ll want to consider, especially when kids are involved. Safety is also a priority factor to consider when you’ve got an aggressive spouse. An abusive spouse can hurt you and your children, which is why unless both parties agree on ending the marriage peacefully, you’ll want to move out of your marital home even before the divorce is finalized.

Your Financial Ability

Although leaving before the divorce is settled might be your best option at hand, reconsider your finances and your general financial abilities. Usually, if you’re the highest-earning party, you’ll be required to support your kids and spouse, especially if they file for spousal support. Also, leaving will increase your expenses considering you’ll have two homes to take care of.

Consider Your Exclusive Belongings

Usually, most courts won’t consider whether you left with your entire possessions or not. The law always rules that possessions found at the marital home are assumed family-owned properties. Usually, such property is ordered under whoever is taking care of the house. Therefore, while leaving might be your best option, personal belongings you couldn’t carry in your initial moving out, such as inheritances from your parents, especially if you’re the woman involved, might end up being legally presented to your partner.

Consider if You’ve Got the Best Legal Counsel About the Decision Before Leaving or Deciding to Stay

Experienced attorneys will measure things and determine if moving or staying is the best consideration. They will also guide you on what to do, suppose leaving isn’t a good option. For instance, they will advise you to document how your spouse is treating you and the kids. You can do this by taking screenshots of abusive messages and videos for assault. Once you’ve got genuine evidence about what is happening behind the scenes, the law might speed up the separation giving you a chance to move out peacefully without worrying about its consequences.

Think about Your Custody Rights

Moving out before the separation is final has always compromised most people’s custody rights. Leaving kids behind is mainly considered a sign of your irresponsibility and reason for not wanting to live with kids or cater to their needs. Also, unless you’ve got a written agreement about visitation and other rights, you’ll face challenges getting custody regardless of who caused the separation. Mostly, judges and attorneys view the act of moving out before settling the matter as an indication you do not need to live with the kids and that you avoid daily responsibilities. If this happens, it can be weighed against you, which will get you denied your custody rights. More importantly, most judges rule that leaving children in their marital home is better for their well-being during custody contesting. Hence, the spouse living with them wins custody automatically. Also, during the creation of custody and visitation orders, the law usually prefers maintaining the status quo.
Sadly, if a new and straightforward status quo is established when you have already moved out, your chances of winning custody rights are low unless you significantly spend to fight for your rights. This can be expensive and challenging when dealing with intelligent spouses and expensive legal representatives.

Reasons You Can Legally Move Out of Your Marital Home Before Divorce Is Final

Still, suppose you’ve got no other option but to leave; below are the reasons that legally qualify you to move out of your marital home even before the separation is final: commonly, you’ll have the same feeling as many other people to ultimately want to cut ties with your ex, especially after the separation process is over. However, before leaving, you’ll want to consider the above reasons, including your financial abilities and more.

Frequent Misunderstandings and Fights

Usually, the best way to handle a marriage separation is by waiting until every step is legally settled and agreed upon. However, frequent fights and misunderstandings are the significant causes for spouses hating each other, thus affecting their co-parenting and other essential things they’d have done together if such didn’t happen. Therefore, unless there is complete peace while the divorce is due, moving out will save your co-parenting and other paramount things you and your partner would do together for the sake of your kids if present.

Seeking Emotional Support to Adapt and Accept the Situation

Like any other miseries of life, going for regular counseling and emotional support sessions for the sake of accepting your marriage separation and coming back to the house that haunts you do more harm than good. As such, if you can hardly stand your emotions about the matter, the best option you’ve got is to move out and seek help away from your marital home.
Conclusively, to help you know whether moving out or staying in your marital home is the best option or not before the divorce, seek the help of professional attorneys about the matter. Here at Jensen Family Law https://www.familylawattorneymesaaz.net/child-custody/, we have the experience to help and guide you from beginning to end. Find us at our physical location Jensen Family Law, 3740 E Southern Ave Suite 210 Mesa AZ 85206, or call us via (480) 999-2321. Moreover, find us on our social accounts:

https://www.facebook.com/AttorneyMesaAZ/
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https://www.linkedin.com/company/law-offices-of-kevin-jensen
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Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then Head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to Merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then Turn left and Destination will be on the right.

We’re open 9AM – 5PM Monday – Friday and we are closed on Saturday and Sunday.

For additional questions you can call us at (480) 999-2321 ro you can find us on Yelp.