The answer is No. Don’t do that!
As a divorce attorney and mediator for over 35 years, I tell clients when
thinking of divorce not 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.
7 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 or asking for exclusive
occupancy; this legally documents the decision to leave the home was based
- If you are not sure if a separation will lead to a divorce consider having
a separation agreement or postnuptial 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.
- Visitation with children becomes an immediate problem to be solved!
- You may not get your mail resulting in lack of information.
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 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!
All FREE 1 HOUR CONSULTATIONS are very informative and still available conducted virtually.
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!
Call New York divorce lawyer and mediator Lois Brenner today for your free