Should I Move Out During a Divorce?

If you are in the midst of a divorce, you are likely facing the concern of whether or not to move out of your marital home. This is a concern of many divorcing couples, as there are a lot of financial and emotional aspects attached to the house you both once shared. If either party has been accused of domestic violence, only then will that person be forced to move out. Otherwise, it is a decision entirely up to you.

Though you may want to stay in the home for many reasons, though it is generally a terrible idea to cohabitate with your ex. Unless your marital home is so large you won’t even notice your ex’s presence, living in the same home may be detrimental to the entire divorce process. In order to determine who gets to say and who must leave may depend on a number of factors, including but not limited to whether you share children, the earning income of either party, if either one of your owned the home before the marriage, etc.

The best way to protect yourselves is to sign a written agreement that states the grounds of either one of you moving out. This way, you cannot be faulted with desertion, and you will also be prepared to take all of your belongings with you. If you and your future ex-spouse can agree on this major decision, it is likely to set a quite positive tone for the rest of your divorce proceedings.

Contact Our Long Island Divorce Lawyers Today

Our Long Island divorce attorneys of Hedayati Law Group P.C. are dedicated to helping our clients survive the difficulties of a divorce. We understand just how difficult it can be to struggle with the decision of whether or not to move out during the divorce, which is why our legal team wants to help you through this emotional time. No matter the complexities of your particular situation, we will offer you legal services you can rely on.

Contact us to speak to a member of our firm today.


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Let us be your confidant when you have no one else to turn to. Call us at (631) 880-6440 to schedule a free consultation.

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