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:
- 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.
- 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.
- 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.
- 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.
- 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.
As a divorce attorney/mediator for over 35 years, preparing clients properly
and carefully for divorce is always my priority. Leaving the marital residence
is just one important component of a complex, emotionally driven process.
Preparation for divorce is key. Making the right decisions will help you
minimize legal complications and reduce emotional pain.
Mediation is one option for dissolving a marriage which is amicable, and
a less expensive way to divorce. But if mediation is not the right path
for you, we can discuss the litigation process, and I can prepare you
for battle, if necessary!
During this ongoing medical crisis our
FREE 1 HOUR CONSULTATIONS are conducted virtually to reduce risk and maintain safety.
Call now to book your free consultation. Let’s talk about the details
and the best path for you! 212.734.1551
I look forward to working with you!
Stay Healthy & Safe!
Warm regards,
Lois
Call New York divorce lawyer and mediator Lois Brenner today for your free
consultation! 212.734.1552
We still have a few appointments available this week!