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Who Should Move Out of the Marital Home During Divorce?

Posted By Legal Team | September 18 2017 | Divorce & the Marital Home

It depends on the details of the situation. When it comes to staying in versus vacating the marital home during divorce, some of the major questions to answer will be:

  • Is moving out necessary for at least one party? – Can the divorcing couple live together civilly? Is anyone in danger by remaining in the marital home? Or is anyone’s mental health being compromised by staying in the marital home? Although divorcing couples may be eager to separate from their ex, it’s important to consider whether there is an actually need to move out (versus just the desire to live separately). This is because, while moving out can come with some financial burdens, it may also have some impacts on people’s interests in the divorce case.
  • Are children involved? – If a divorcing couple has children, whether or not moving out of the marital home is a good idea will involve considering whether the children’s health and well-being will be impacted by staying. For instance, will the children be exposed to fighting and more stress if the couple lives together through divorce?
  • Is it financially feasible for one party to move out? – Divorce can be an expensive process, especially when couples disagree about a lot of issues. Moving out and setting up a new residence will only add to those costs. So, if it’s not going to be financially feasible to live apart while a divorce is pending, it’s important to be aware of this before making the move and sabotaging your financial future.

Moving Out of the Marital Home in Divorce: More Important Info

  • Interests in the marital home – In general, moving out the marital home will not mean that someone relinquishes his interests in the home. In other words, moving out doesn’t mean that someone has given up his or her entitlement to some share of the marital home. What may occur, however, is the loss of the right to return to the marital home during the divorce, especially if the other partner secures a protective or restraining order.
  • Interests in child custody matters In some situations, moving out the marital home may affect a parent’s interest in custody disputes. This is because it may be possible to argue that moving out indicates a lack of interest in maintaining a close relationship with the children. It is, however, possible to counter such arguments by, for instance, moving close to the marital home, petitioning for temporary custody arrangements, etc.

Need More Answers? Contact a Scottsdale Divorce Attorney at the Law Office of Karen A. Schoenau

If you are ready to file for divorce, you can rely on Scottsdale Divorce Attorney Karen Schoenau for honest answers, effective representation and the best possible outcomes to your case. Since 1987, Karen Schoenau has been committed to helping people resolve their important family law matters, including complex cases related to divorce, custody, paternity and other issues.
To receive professional advice and learn more about how we can help you, schedule an initial consultation with Attorney Karen Schoenau. You can set up this meeting by calling (480) 209-1918 or by emailing us using the drop-down contact form at the top of this page.
From her offices based in Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.

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