I Want a Divorce. Should I Move Out?

The answer is usually, “No!”

I tell clients never to leave their home. Making this move can work against you when divorcing if not properly strategized.

I often hear from clients that once divorce is in the air it is extremely difficult to live together. Especially these days with everyone staying at home due to COVID-19, of course it is, that makes perfect sense. Who wants to smile over coffee, and pretend everything is okay. But “thinking about divorce” is no reason to make a quick, rash decision and leave your home. This impulsive decision can greatly impact your divorce process and settlement.

Here are 5 Moving Rules to consider:

1. If you move out, it can be considered abandonment if your spouse claims it was abandonment; seek guidance from an attorney/mediator before leaving the marital residence.

2. Think about how the bills will be paid, both for the marital residence, as well as the new residence. Physical separation does not make you exempt from paying bills. Think before you move.

3. If there is a physical threat of violence in your marriage, consider leaving the home and obtaining an order of protection; this legally documents the decision to leave the home was based on safety.

4. If you are not sure if a separation will lead to a divorce consider having a separation agreement drafted and outline the living arrangements and the financial responsibilities of both.

5. Consider mediation if moving out is really important; this process takes less time and moving out of the marital residence can be rationally discussed and planned in a mediation session.

Please make an informed decision before taking that step out of your front door. Leaving your home is a very important move that can have long lasting ramifications. Please be informed and prepared.