The Right Way To Move Out Before A Divorce

Posted on: 16 March 2016

Making the decision to split from your marital partner can be difficult. If your marriage has become strained, you might be tempted to move out of the family home to alleviate tension before the divorce is finalized. While this isn't always a bad idea, there are some important steps you need to take if you want to ensure that moving out won't cost you in the long-run; especially if there are children involved.

Here are three things you need to do before moving out if your divorce hasn't been finalized.

1. Write down the things you are taking with you.

Many states view marital property as belonging to both spouses. If you will be taking any household items along with you when you move to a new location (like furniture, electronics. or a vehicle), it's important that you write down exactly what you plan to remove from the home.

Have your spouse sign a document stating that he or she agrees to let you take the items, and have your divorce lawyer's office notarize the document. This will prevent your spouse from claiming that you unlawfully relocated marital assets if your divorce becomes bitter in the future.

2. Make sure you can financially support two households.

Just because you move out of the primary family residence doesn't mean that you will no longer be responsible for helping to pay household expenses. If you think that living apart from your spouse will make your divorce more amicable, be sure that you run the numbers together to ensure that children living in the primary residence will be provided for.

You will need to ensure that you can pay another mortgage or rental payment in addition to your existing housing costs, debt payments, and maintenance fees.

3. Get your custody agreement in writing.

One topic that divorcing couples frequently disagree on is the custody arrangement for children. If you are planning to move out, but you still want to be able to see your children regularly, then it's essential that you come to a custody agreement with your spouse.

Working with an attorney to help finalize the arrangements will help ensure that your spouse cannot use your children as leverage against you during future divorce proceedings.

Moving out before a divorce is finalized can be beneficial, but only if done correctly. Take the time to document any belongings you are taking with you, crunch the numbers to ensure a move is affordable, and get your custody agreement in writing in order to avoid potential problems caused by moving out before your marriage is legally dissolved. If you are looking for an attorney, consider someone from a firm like Grenadier, Starace, Duffett & Keisler, PC.