When to Move Out of the Marital Home

One of the biggest issues that is brought up in divorce is whether or not to move out of the family home. The home is usually the largest asset a couple has and there is usually emotional ties to keeping this for the children. There are some instances where one spouse is willing to move out and give up the home to the other, but most often, one person needs coercion to move out. Since it is not good for the spouses or the children to remain in a contentious atmosphere, when does one person move out of the family home?

Should I move out or make my spouse?

This is not the easiest question to answer and generally involves asking a few questions that are specific to your individual case:

  • How old are the children?
  • Who is the primary caregiver of the children?
  • What are each parent's work schedules?
  • How will moving affect the child or children's care?
  • What are the current finances like?
  • Who pays most of the household costs?
  • Can you afford to pay for two households?
  • Can you continue residing with your spouse?

It is only upon deep reflection of these questions can you move forward in determining when the best time to move out of the house may be.

Attorney Vetrano Shares Insight Gained 15 Years Ago

There are many ways that these scenarios can play out. One example is of a divorce case handled by our firm 15 years ago. A client came to our offices seeking help for their criminal defense case, where they were charged with harassment of their wife. The week before the criminal case, our client had been served with divorce papers and a family court order of protection removing him from the home he shared with his wife and children for many years together.

As more information became available, it became obvious that the wife and her attorney had fabricated the entire scenario, including false allegations, to remove him from the house and award her the marital home in the divorce. In fact, the wife baited our client into getting into an argument with her on camera that turned into a wrestling match. Her tactics temporarily kept our client from his children and out of his own home, which could have completely been avoided.

Moral of the story is that before moving out of the home or making any decisions to leave, you should consult with a divorce lawyer who can advise you on this topic. You do not want to find yourself kicked out of the family home and away from your children based on unfair allegations.

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