On Moving Out During Divorce

Couple Going Through DivorceDivorce is a tense time for the family. That’s both for the now-estranged couple and the children if there are any. Perhaps nothing else can go wrong, right?

Law firms have seen these situations play out countless times. They understand the process well enough to know that sadly, something else could go awry. Moving out of the home during the proceedings is one.

The gender factor

Without intentional sexist overtones, it’s noticeable that men tend to be the ones who leave the family home during a divorce. According to Huffington Post contributor Joseph Cordell, one reason men move out is that they might feel like it’s an obligation. Despite the split not being their idea, most men accept that it’s their role or what is expected of them.

The decision to leave is almost always detrimental, especially if there are children involved. If a man does so, it’s easy for the woman’s lawyer to label it as an abandonment of the family.

Staying is an option, but not the best one

It’s not all bad, fortunately. There are certain situations when it would be best to stay, despite a spouse’s desires for the contrary. If there are no children at risk of seeing the parents fight, leaving home is acceptable — but not necessarily a great decision.

Complications abound

The legal experts at Law Office of Gordon N. Shayne see another potentially deciding factor involving financial and property arrangements. A spouse can never be ordered to leave the marital home, especially if that person’s name is on the mortgage or lease.

Whatever comes, it’s a tricky situation. Moving out opens up a spouse to the possibility of an incriminating claim (i.e. abandonment), but staying might not be advantageous either because of the conflict that now exists between the couple. If there are children around, exposing them to potentially regular fights or altercation is not a good idea.

If no decision seems apparent, it can help to have an expert opinion on one’s side. An experienced, skilled divorce attorney can identify specific parameters that can be beneficial for both parties, lessening the chance of creating new disputes out of the already existing one. The lawyer may also make sure that state-specific regulations are met.