divorce

Why Moving Out is the Biggest Mistake You Can Make in a Divorce

Categories: Moving TipsReal Estate

When a marriage is no longer working, one person typically moves out of the home. It seems like the separation would make the divorce process more manageable, but the opposite result often happens.

It can be a crippling mistake for the person who decides to leave. Not only do you have double the bills, but you may also find it to be more challenging to negotiate a custody agreement with the other parent.

That’s why learning how to survive together during a divorce could be in your best interest.

Divorce Could Be Your Most Expensive Decision

expensive

Purchasing a home, buying a car, and going through a divorce are the three most expensive decisions you can contemplate in today’s world. The choices you make when separated can dictate your financial situation for several years.

Even when no children are involved in the separation, the costly ramifications of moving out can appear immediately.

Are you the primary income earner in the marriage? If so, the courts might require that you continue paying for your spouse’s living expenses while the proceedings occur. It may end up putting you into a position where your salary supports two households now instead of one.

Does your spouse have a job that pays less than what you earn? The court might order you to pay for temporary support.

How to Make the Divorce Go Smoothly

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Website content is not a substitute for professional legal advice. If you are contemplating a divorce, speak with a knowledgeable attorney.

When you agree with your spouse on how to divide property, pay child support, settle debts, and create a parenting plan, the divorce doesn’t need a trial. That means it can proceed through the courts faster while costing you less.

You can save even more time by working with your spouse on child custody and financial support orders through the family court system.

That’s why moving out when you or your spouse decide that divorce is the only option is a mistake. It limits the time that you have to talk about these critical issues.

Most courts consider the best interests of the child when determining the outcome of a divorce. The parent who decides to move out of the family home voluntarily limits access to their kids with that action.

Limiting your parenting time makes it easier for your spouse to reduce the legal access you have to your children. Even if you are the primary caregiver or are equal in parenting responsibilities, proving that fact in court after deciding to leave can be surprisingly tricky.

If you feel that moving out is your only option, try to negotiate a parenting plan first so that the document can get presented to the court.

When Is Moving Out the Best Choice?

domestic violence

Your decision to stay in the family home during a divorce depends on your safety and comfort. Anyone who experiences domestic violence should do whatever they need to do to avoid harm. That process may include going to the court to obtain a protective order. You may even have the right to ask the judge in your case to force the abusive spouse to move.

You can move children from home to protect them. It helps to obtain a temporary custody order from the court to avoid uncomfortable accusations that could impact the divorce later in this situation.

Are There Alternatives Other Than Divorce to Consider?

negotiation

Today’s economic times make the financial prospects of divorcing a cringeworthy thought for many couples. Instead of going through this financial strain, some creative solutions might help you and your spouse find a workable balance.

Bird-nesting is a popular choice. It allows one parent to live in the family home for a specific period, such as a week. Then the other alternates with a week of their own. You’d need a second home or a place to crash – renting a studio apartment nearby is a reasonable compromise.

That allows the kids to stay put while you and your spouse rotate. This idea requires communication and trust, but it can be a workable solution.

Some homes are large enough to create dual occupancy areas. You may need to share the kitchen, so it may help to create a schedule to avoid running into each other.

New York State requires judgment or agreement of separation for at least one year for grounds to divorce. Although most couples try to use the no-fault option, having a plan for the dissolution that you can implement can limit your costs – especially if you still get along amicably with your spouse.

Moving out feels like it should be the first step you take. It should be the final decision you make instead.

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