How Does Moving Out Affect Divorce?

Key Takeaways:

• Moving out too soon can have multiple unanticipated consequences.
• You cannot be “kicked out” without a court order.
• Moving out too soon can damage your custody claims down the road.
• Courts prefer to minimize drastic changes for children after divorce.
• If you don’t spend much time with them now, you may set a precedent you don’t want to later.
• When it comes to the division of property, moving out of a property with your name on it may damage your claim to it later on. 
• If you establish a secondary residence, the court may assume that the ongoing support of both homes is reasonable. What started as a temporary solution can often become permanent.
• This can lead to higher support payments.

Moving out during a divorce sounds like the most natural idea in the world. It can minimize stress, conflict, and aggravation for you, your spouse, and your kids.

While that may seem like a no-brainer, moving out can have multiple unanticipated consequences.

How Moving Out During a Divorce Negatively Affects You

Moving out of a shared home often has negative consequences and can be one of the biggest mistakes during a divorce.

You may feel compelled to leave, to get out, or one spouse may even attempt to “kick out” the other spouse.

It should be noted that you cannot be “kicked out” without a court order.

Moving Out Too Soon Can Affect Child Custody

One of the biggest impacts moving out of a shared home has on your relationship with your kids.
Not only does that affect your parental bond, but it can also actually damage your custody claims down the road.

Things are often tense at home. Kids pick up on this. No one wants to fight in front of their children. You may think moving out will help alleviate that issue. In the short run, you may be right.

In the long run, your visitation in the future may take a hit. If you don’t spend much time with them now, that may continue later on.

Courts prefer to minimize drastic changes for kids after divorce, which includes drastically altering parenting time.

Ways To Protect Custody

If you do move out during divorce, have a parenting plan already in place. This ensures you still get your time with the kids.

Protect your parenting time by leveraging your resources. See them when you have the chance and make them the priority. Maintain an active presence in their lives and their upbringing.

This demonstrates the desire to be a parent, which courts take into account.

The more involved you stay in their day-to-day activities, the more likely it is to continue after divorce. But if you only see them once a week, the court may look at that and think that’s an acceptable schedule.

It benefits you, your case, and your children to be as present as possible.

Moving Out and Finances

In addition to child custody issues, moving out also messes with your finances in multiple ways.

A home is usually the biggest purchase most people make in their lifetimes. As such, when it comes to the division of property, it’s often the most significant asset on the table.

Moving out of a property with your name on it may damage your claim to it later on.

In the meantime, you may also be obligated to continue paying bills during divorce, even when you no longer live there. This can even result in higher spousal support payments. If you pay that much now, it stands to reason, in the court’s eyes, that you can keep shelling out that amount.

Moving out also sets other financially unsustainable precedents.

When you establish two separate households, the court may assume the ongoing support of both is reasonable. So what started off as a temporary solution often becomes permanent.

This often strains your finances in both the short and long term.

Related Reading: What to Expect from a Child Custody Hearing

Don’t Forget Your Paperwork

People often leave important items behind. Things that they need in the divorce and beyond.

Before you leave the house, be sure to collect:

• Bank records.
• Retirement account information.
• Credit card statements.
• Loan documents.
• Insurance policies.
• Wills.
• Birth certificates.
• Passports.
• Other financial records.

Don’t move out without them. Although much is done online, paper statements and documents may still be delivered to your home. Take steps to ensure you maintain access to this type of resource.

Keeping important items with you also provides a small measure of assurance that they aren’t being ‘accidentally’ lost or ‘inadvertently’ set on fire while you’re away.

Every situation is different. But in general, unless a court order specifically commands you to vacate, it may be in your best interests to put off moving out during a divorce. If you ultimately do, it is beneficial to have a strategy in place.

Related Reading: How Do I File For Divorce In Washington?
Related Reading: Bankruptcy Or Divorce: Which To File For First