If you’re involved in a divorce, an important decision is whether to stay in the marital home during the proceedings. As divorce lawyers know, there’s much to consider, because what you do affects your claims and legal obligations, and it is difficult to continue to reside with someone you are in the process of divorcing. Thinking about certain factors will help you make a choice that is best for you.

What to Discuss With a Lawyer About Whether to Move Out of the Home During Divorce

Safety

If you or your children have experienced physical harm or you feel threatened, you should take steps to protect yourself and them. Establishing a safe environment may involve moving out of the house or obtaining an Order of Protection or Order of Exclusive Use and Occupancy, so you can remain in the home and keep your spouse from coming back. This is an alternative to simply leaving, but will require an attorney’s assistance in most circumstances. Police can also help if there has been an assault or direct threat.

Child Custody

Where children are involved and there is no threat of danger, moving out and taking the children is not a wise move, and could be construed as interfering with your spouse’s parental rights. On the other hand, if you leave and leave the children behind, this will reflect on your fitness to parent. Consult a lawyer for advice in this situation, as it will vary based upon the circumstances.  

Property Rights

Even if you leave the marital residence, your financial obligations do not go away, and you could ultimately be liable to reimburse your spouse for your share of mortgage principal, interest, taxes, insurance, carrying charges, etc.  With both names on a mortgage, the lender can pursue you and your spouse irrespective of your marital situation, which can also affect your credit. When you’re renting a house or apartment, it’s wise to get legal advice about your lease agreement before leaving, because the landlord can pursue both of you no matter who goes and who stays. No matter where you live, don’t leave personal property that you want behind. You may not be able to get it back later.       

Deciding whether to stay or leave the home during a divorce can be difficult. Thomas A. Corletta, Attorney at Law offers sound legal advice and vigorous representation to individuals struggling  with divorce decisions. Based in Rochester, NY, and backed by nearly 40 years of experience, this skilled and compassionate lawyer guides his clients to the best possible results. To learn more about his practice, visit his website and call (585) 546-5072 to schedule a confidential consultation.