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Should I Move Out of the Family Home During Divorce?

Blog 2018 November Should I Move Out of the Family Home During Divorce?
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Should I Move Out of the Family Home During Divorce?

Posted By Stepniak & Park || 23-Nov-2018

Divorce can be an emotionally overwhelming process, which means sharing a house with your soon-to-be-ex-spouse can seem like a torturous undertaking. While Florida law allows either spouse to move out of the family home without being punished for abandonment, doing so could result in several consequences that can have a negative impact on the final divorce agreement.

The following are the common consequences of leaving the house during a divorce:

  • The other spouse may keep the home – If you and your spouse purchased the home during the marriage and cannot decide who should keep it once the divorce is finalized, the court can make a decision on behalf of the couple. If you have moved out of the home, the judge may consider this as your way of forfeiting the rights of the home, meaning your spouse keeps the house while you are given the cash value of your share. Based on the current market value of your home, this could be an unfair deal on your end.
  • The other spouse might be awarded primary custody of the children – If you have children and you decide to move out of the family home, leaving them behind with the other parent, the court may view this action as awarding custody since judges often find that it is in the child’s best interests to stay in a stable home environment. Consequently, the judge may also order you to pay child support, alimony, and other expenses.
  • The other spouse can prevent you from coming back to the home – It is possible that your spouse can request the court to award him/her exclusive use and possession of the family home. This means you can be prohibited from entering or using the property until your divorce is resolved, although you still have property rights to the home.

However, there are some situations where moving out might be necessary. For example, if there is evidence of domestic violence, leaving is a must for your safety and your children’s safety. If there is a high level of conflict in the relationship, moving out can be best for your peace of mind and the well-being of your children.

If you are considering moving out of the family home, it is wise to discuss your situation with our Daytona Beach family law attorney at the Law Offices of Robert Stepniak to learn about the potential repercussions of such a decision. Contact us for more information today.

Categories: Family Law, Divorce, Child Custody

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