Lois M. Brenner, Esq.

During this financially challenging time, don't delay your divorce.
We are offering
FREE 1 HOUR CONSULTATIONS!

Free Phone Consultation!

Call Now to Speak with Lois Brenner

646.663.4546
  • Home
  • Meet Lois Brenner
  • Divorce
  • Divorce Mediation
  • Psychology of Divorce
  • Testimonials
  • Blog
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu
    Home
    Meet Lois Brenner
    Divorce
    Divorce Mediation
    Psychology of Divorce
    Testimonials
    Case Studies
    FAQ
    Blog
    Case Evaluation
    Contact Us
    Site Map
  • Asset Allocation
  • Business Partnerships
  • Child Custody
  • Child Support
  • Contested Divorce
  • Divorce Litigation
  • Domestic Partnerships
  • Divorce Process
  • Domestic Violence & Abuse
  • Equitable Distribution
  • Estate Planning & Divorce
  • Family Law
  • Fathers' Rights
  • Grandparents' Rights
  • Health Insurance
  • High Net Worth Divorce
  • Life Insurance
  • Matrimonial Law
  • Military Divorce
  • Pensions
  • Prenuptial Agreements
  • Postnuptial Agreements
  • Separation Agreements
  • Taxes
  • Uncontested Divorce
  • Visitation
  • Women's Rights
man and child

New York Divorce Blog

Blog 2020 March I Want a Divorce. Should I Move Out?
Previous Post  |  Next Post

I Want a Divorce. Should I Move Out?

Posted By Lois M. Brenner, Esq. || 16-Mar-2020

The answer is, “No!”

I tell clients never to leave their home (or hardly ever). 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. 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.

When having a consultation with an angry or scared spouse I always suggest they stay put unless they are in physical or emotional danger.

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. It is also difficult to make arrangements for child visitation once you are living apart.
  1. 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. Talk to a lawyer/mediator before you suggest your own settlement. People make big mistakes in negotiating directly with a spouse before talking to a lawyer.
  1. 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. Ask your attorney how to do this and what is required.
  1. 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 a separation agreement and a divorce.
  1. 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 your front door. Leaving your home is an important move with ramifications for what you need to be aware of and prepared.

As a divorce attorney/mediator 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.

I can help you, let’s sit down and work out the details. Strategy is needed!

Call to schedule your free consultation! I have lots of good information to share with you! 212.734.1551.

Warm wishes
Categories: Child Custody, Divorce, Divorce Mediation, Divorce Negotiation, Finance

Share Post

Rely on Lois Brenner

Call us at 646.663.4546 to talk with Lois Brenner and obtain the legal counsel you need.

Send Us Your Case Now
  • “You are truly the best divorce attorney in New York!”

    - Christine

  • map pin
  • “Thank you for doing such a tremendous job!”

    - Bill

  • map pin
  • “Thank You, Thank You, Thank You!”

    - Sara and Jeff

  • map pin
  • “I didn’t expect to find a divorce attorney as amazing as you!”

    - Deborah

  • map pin
  • “Keep up the good work!”

    - Jonathan

  • map pin
  • “First, you were so easy to talk to and second, you really know what you are doing!”

    - Sharon

  • map pin
Read All Reviews
  • facebook
  • twitter
  • google-plus
  • linkedin-2

Lois M. Brenner, Esq.

Lois M. Brenner, Esq. New York Divorce Attorney 12 East 86th St,
Suite 1230,
New York, NY 10028

View Map

(646) 663-4546


divorcelawyerny.com
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
Internet Marketing Experts