Ashley Donovan Law, PLLC

Tempe Family Law Attorney
  
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Think twice about moving out during a divorce

| Sep 27, 2019 | Uncategorized

Tension, hostility and anger usually come as part of the territory when going through a divorce. This is why it is common for one spouse to want to leave the family home during the process. They will likely see many positives to this: It will prevent the children from being witness to arguments between their parents, it will allow both spouses to spend time apart and it will enable the divorce process to move forward more smoothly.

These positive outcomes are usually true for most couples who live apart during the divorce proceedings. However, it is important to recognize that the person who has chosen to move out may experience many negative ramifications. The following are some reasons why you should think twice before moving out during a divorce.

It could affect child custody proceedings

If you move out of the family home during the divorce proceedings, the courts will view this as a voluntary action. You may be accused of abandoning the family unit. From a child custody standpoint, it will likely lead you to be perceived as a parent who does not have a huge amount of responsibility when it comes to the children’s welfare. This could lead to your divorcing spouse having a significant advantage over you when it comes to establishing child custody. Consider whether a few months of peace is worth compromising your future relationship with your kids.

You may be obligated to continue paying the mortgage

Even if you do not have children, you could still suffer as a result of leaving the family home before the divorce has been finalized. You may be obligated to continue paying the mortgage on the family home after you have left. Additionally, you may also be ordered to pay temporary spousal support if your divorcing spouse is earning less than you and depends on your income.

You must consider how taking certain actions, such as deciding to move out of the family home, could have a negative impact on you during the divorce process. Taking early action to plan your divorce could help you to avoid these problems.