Can You Move out of the Family Home Before Your Divorce is Finalized?
Couples may not want to continue living together while divorcing. Here’s everything you need to know about moving out of the family home during a divorce.
Moving out of the family home during a divorce can cause legal issues, which can interfere with the divorce case. If an individual feels they need to move out of the family home, they must prove valid reasons for their decision to move before the divorce was finalized.
Should You Move Out of the Family Home During Divorce?
Many couples going through a divorce may want to physically separate as soon as possible. Moving out during divorce can cause legal issues and can disrupt the divorce case. If a spouse feels they must move out of the house during a divorce, they must have legal representation to validate why they moved out of the family home.
A spouse moving out of the family home during a divorce can cause issues in the divorce case. Moving out during divorce can violate separation laws and harm privacy, property, and custody rights.
Abandonment and Fault vs. No-Fault States
A spouse can be charged with abandonment if they leave their family home during a divorce. Abandonment laws differ per state. Abandonment is considered desertion in some states. Desertion is the willful abandonment of a person’s obligations. Desertion violations can refer to the abandonment of a spouse or child. A person may be charged with abandonment if they leave the family home during divorce without a valid reason and do not provide any financial assistance to the spouse they are leaving.
Some states are no-fault divorce states. A no-fault divorce is when a spouse does not have to prove fault on the other spouse when filing for divorce. No-fault divorce states may require couples to live separately for a certain amount of time before filing for divorce.
Fault divorces are when one spouse files for divorce because of a fault of the other spouse. Abandonment can be established as a fault. In fault divorce states, the court can grant a divorce because of the abandonment of a spouse. In no-fault divorce states, the court can disregard any issues of abandonment.
Related: Divorce FAQs in California
Moving Out of the Family Home’s Impact on Child Custody
If a couple has children, one spouse leaving the family home before the divorce is finalized can impact child custody. Judges may not favor parents taking their children out of their family home and causing potential instability.
If custody orders are not in place when the parent leaves the home, they may lose the right to set custody orders. The parent who remains in the family home with the children will have the say in what the child custody orders will be. The parent who remains in the family home with the children can establish visiting rights for the parent who left the home. The process of interfering with a parent-child relationship, known as parental alienation, can occur when only one parent chooses the child custody laws.
Choosing not to leave the family home during a divorce can prevent parental alienation and lack of say in child custody orders. If a parent moves out of the family home before the divorce is finalized, they can argue that it was in the best interest of the children. Parents living together through a divorce may create a hostile living environment for their children. The parent who moves out of the family home during a divorce must seek a lawyer to prove they moved out for beneficial reasons.
Related: Contested and Uncontested Divorce: The Difference
If You Need to Leave the Family Home Before Divorce
A spouse may move out of the family home before the divorce is finalized for their safety or comfort. A person who leaves the house for a personal reason should put their intentions in writing to avoid having their rights taken away during the divorce. If the court agrees that the individual should move out before the divorce is finalized, they can create a temporary order containing plans for the property and children until the divorce is finalized.
If spouses agree they should live separately before the divorce is finalized, they can seek other living arrangements to avoid interfering with divorce issues. Spouses can split their family homes and establish areas that each spouse can live in during the divorce. If spouses have children, they can create a plan to have each parent live in the family home alone with the children for different periods until the divorce is finalized.
FAQs About Leaving the Family Home During Divorce
Can I bring my children with me when I leave the house during the divorce?
If a spouse has valid reasons, such as safety concerns, they can take their children with them out of the family home. A spouse should write their intentions down so the court can prove the reasons were valid.
What if my spouse moves out during divorce and never contacts me again?
If one’s spouse moves out of the family home before the divorce is finalized, the spouse who still lives in the family home can determine all custody rights in the divorce.
Contact Us
If you or a loved one would like to learn more about moving out of the family home during divorce, get your free consultation with one of our divorce attorneys in California today!