As a divorce attorney and mediator for over 35 years, I tell clients when
thinking of divorce to 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 still
coasting through this pandemic, moving out and on is very appealing!
Who wants to smile over a mocha latte, 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.
5 Moving Out 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. It’s important to be informed and prepared. Call
me before you take that step!
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 that is an amicable and
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!
All FREE 1 HOUR CONSULTATIONS are very informative and conducted virtually to reduce risk.
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 and safe!!
Call New York divorce lawyer and mediator Lois Brenner today for your free