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Thinking of Divorcing? Considering Moving Out of the Marital Residence? Don't


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!

Here are 7 Moving Out 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 or asking for exclusive occupancy. This strategy 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 or postnuptial agreement drafted that outlines the living arrangements and the financial responsibilities of both parties.
  1. 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.
  1. Visitation with children becomes an immediate problem to be solved!
  1. 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 driven process.

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!

Warm regards,


Don’t leave your home before calling New York divorce lawyer and mediator Lois Brenner today for your free consultation! 212.734.1551