Should You Move Out of the Family Home During Divorce?
Once a marriage seems headed for divorce, one of the spouses often wonders if they should move out of the family home. In most cases, people do this because the conflict and tension at home have become unbearable, and they simply want to remove themselves from it. If you have considered moving out of the family home, it is important to know that the decision may impact several aspects of your divorce proceedings.
Unfortunately, there is no single solution for every family. It is critical to consider the well-being of your children, your safety, and your long-term financial stability. Below, our Florida divorce attorney explains in greater detail.
You Do Not Forfeit Ownership
Many people believe that if you move out of the family home before or during divorce, you no longer have ownership rights to the property. This is not true. Regardless of which spouse leaves the marital home during divorce, Florida’s equitable distribution laws divide property fairly, though not necessarily equally. If you and your spouse acquired the home during the marriage, it is still considered marital property, even if one spouse leaves it during divorce.
Moving Out Can Impact Child Custody
Moving out of the family home can become more complex if you have children. The courts in Florida decide on child custody, known as parenting time, based on the child’s best interests, including continuity and stability. When one spouse leaves the family home, the parent who stays typically becomes the primary caregiver of the child by default.
If there is not a parenting plan in place and you leave the family home, you may not see your children as often, but this is usually temporary. Still, these early patterns can impact future parenting schedules. Family law judges will consider who has been handling meals, school routines, activities, medical needs, and other daily responsibilities. Using this information, they will make decisions on long-term parenting time schedules.
Financial Impacts
If you move out of the family home, you may also have to pay for two households. You will have to pay for your new residence, as well as your share of the family home’s expenses. This can quickly become a financial burden. The court may issue temporary orders, including exclusive use of the home. However, these decisions take time, and in the meantime, you may feel the financial strain of trying to support two households.
Safety First
If you are in fear for your safety, it is critical that you protect yourself and your children. Leaving the family home may be the most responsible and safest choice. In these cases, it is critical to speak to an attorney who can help you pursue an injunction and other protections that will ensure that moving will not be used against you in the future.
Our Divorce Attorney in Florida Can Help
At Florida Law Advisers, P.A., our Florida divorce attorney can provide the legal advice you need before and during the process. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
