As a divorce attorney and mediator for more than 35 years, I tell clients
when they are 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.
Who wants to smile over a mocha latte and pretend everything is okay. But
“thinking about divorce” is no reason to make a rash decision
and leave your home. This impulsive decision can greatly impact your divorce
process and settlement.
Remember, think before you make any move!
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 strategy 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 or postnuptial agreement drafted that outlines
the living arrangements and the financial responsibilities of both parties.
- Consider mediation if moving out is very important. Mediation 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 more than 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
Preparation for divorce is key. Making the right decisions will help minimize
legal complications and reduce emotional pain.
Mediation is one option for dissolving a marriage and is a more 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!
Call now to schedule 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!
Don’t leave your home before calling New York divorce lawyer and
mediator Lois Brenner today for your free consultation! 212.734.1551