If a marriage feels as though it is heading for divorce, a compelling option is moving out of the family home. Living with your estranged spouse can create an extremely toxic environment, and this can lead to near-constant arguments that, in turn, will have an impact on your children.
However, there are many reasons why taking the initiative to move out of the family home before or during the divorce proceedings can be problematic. The following are some reasons why you should consider avoiding moving out of the family home.
You are putting your assets at risk
When you move out before the divorce has become finalized, it is likely that you will be leaving some assets behind. This could include jewelry that you own, artwork or furniture. By leaving the home, you are effectively trusting your divorcing spouse to take good care of them, which they may not choose to do.
You may become liable for spousal or child support
If your income is no longer going toward buying the groceries or paying the mortgage, your spouse may decide to file a temporary order for child support or spousal support.
Moving out can have an impact on child custody
If you move out, your divorcing spouse may be able to argue that you abandoned the family. If this argument persuades the courts, it could have a far-reaching impact on child custody rulings. By staying in the family home no matter how tough things get, you will be demonstrating the commitment that you have toward your children.
Your spouse may be able to gain possession of the home
It can be possible for your spouse to file a motion with the court to request possession of the home. This could mean that you would no longer be able to enter the home until the divorce has been finalized.
If you are experiencing pressure from your divorcing spouse to leave the family home, you may want to consider the motives that he or she has. It is important that you try and minimize conflict for the sake of the children and at the same time protect your own interests by understanding the laws in Arizona.