On behalf of The Law Office of Gustavo E. Frances, P.A.
“Should I move out of my house while divorcing?” this is the #1 question people ask themselves when divorcing their spouse. The question is most often followed by another question, “How will this impact my divorce?”
When choosing to leave your house during a divorce in Fort Lauderdale or elsewhere in Florida, it is critical that you take into account all the pros and cons. Our Fort Lauderdale divorce attorney at the Law Office of Gustavo E. Frances, P.A., explains that legal experts have mixed opinions about this.
While some agree that moving out of your house while divorcing is the best decision, others argue that there are quite a few reasons why you need to stay in your house, which is most likely your and your spouse’s most valuable asset.
Why moving out of your house while divorcing is a good idea
When things take turn to the worse and a couple decides to go separate ways, the question “Who’s going to leave the house?” usually pops up. By leaving your house during a divorce you do not automatically give it up to your spouse. All it means is that you simply choose to move out while the court takes a certain amount of time to decide who gets this type of marital property.
Our divorce attorney in Fort Lauderdale has outlined several things to consider before moving out of your marital property or staying put during a divorce.
It is a good idea to move out when divorcing to (1) ensure your safety from domestic violence and abuse, and (2) prevent unnecessary fighting and conflicts in the house.
Domestic violence serves as the main reason why many American couples choose to get divorced, which makes perfect sense why a victim of domestic abuse would want to move out and wait for family court’s decision on property division. It is a good idea to leave your house if you are in an abusive marriage not just to ensure your own safety, but also to ensure the safety of your children.
“Do note, however, that you will have to file a temporary custody court order if you are taking your children with you before the court’s decision,” says our Fort Lauderdale divorce lawyer. “Otherwise, your spouse may accuse you of kidnapping.”
Any divorce – even one on friendly terms – can get ugly with a high level of conflict, because divorce is never a fun experience. Moving out can help prevent unnecessary conflicts, which, if not prevented, could potentially result in an unfavorable ruling.
Why staying in your house while divorcing is a good idea
However, it cannot all be summarized in black-and-white, as moving out when divorcing has its disadvantages. Generally, you cannot be forced out of marital house unless a judge says so. In fact, there are at least two reasons why you may want to stay while divorcing.
First, let’s talk about the custody issues. A divorce of parents is one of the worst periods of time in any child’s life. So staying put while divorcing could potentially help the kids get through the divorce. Besides, if you move out, your spouse may use this against you in your child custody case, arguing that you were a bad parent and did not even spend time with the children.
Also, there is the financial aspect to consider when it comes to choosing to move out or stay while divorcing. As you may know, divorces are quite costly, and not every couple can afford two households. More often than not, the spouse with larger income will have to continue paying for most of the household expenses. If you are the spouse who stays in the marital house, you may have to give up other assets in order to keep the house.
Division of property can be quite complicated, which is why it is highly advised to be legally represented by a Fort Lauderdale divorce attorney. Speak to our experienced lawyers at the Law Office of Gustavo E. Frances, P.A. to discuss your divorce and find out if moving out or staying would be the best decision in your particular case. Call our offices at 954-533-2756 or fill out this contact form to get a free consultation.