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I Want a Divorce. Should I Move Out?


I Want a Divorce. Should I Move Out?

The answer is, “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. 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:

  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.
  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.
  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.
  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 parties.
  1. Consider mediation if moving out is really important and needs to bre done quickly; this process takes less time and moving out of the marital residence can be rationally discussed and properly planned in a mediation session.

I urge you to make an informed decision before taking that first step out your front door. Leaving your home is an important move with ramifications you need to be aware of and prepared for.

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 now will help you minimize legal complications and reduce emotional pain.

If I can help you, let’s sit down and work out the details.

Just call to schedule a consultation! 212.734.1551.