Can I Move Out Before My Divorce Is Finalized?

Divorce is a challenging time and can often lead to difficult decisions. One such decision is whether to move out of the shared home before the divorce is finalized. While it might seem like the best way to avoid any further discord, there are some potential problems that should be considered.

How Moving Out During Divorce Could Affect You

Moving out before your divorce is finalized can have a profound impact on the outcome of your divorce. To better understand these consequences, keep reading to explore the following key points:

Child Custody

When going through a separation or divorce, it's understandable to want some space from your former partner. However, moving out of the marital home shouldn't be a hasty decision. Not only will it decrease the amount of time you spend with your children, but it could also impact your child custody claim.

Factors the court considers when awarding custody:

  • Which parent is the main caregiver of the child
  • Parenting skills of each parent
  • Work schedules and child care plans of each parent
  • Each parent’s ability to cooperate with the other parent
  • And more

If your children predominantly remain in the family home, or if your new living arrangements aren't suitable for your children, the court may view your former partner's custody claim with more favor. It's important to consider all factors before making any decisions that may affect your relationship with your children. It's crucial to consult with a family law attorney to fully understand your options during this uncertain time.

Financial Costs

Moving out of the marital home during a divorce can be a difficult decision. However, it's important to consider the financial implications that may follow. Maintaining two households in New York can be costly. For example, according to a recent Forbes article, New York has “the fourth-highest cost of living nationwide.”

Even if you choose to temporarily live elsewhere, you may still be responsible for covering the expenses of the marital home until the divorce is finalized. This can result in a significant financial burden for the spouse who chooses to leave.

Access to Documents

When you move out, you might unintentionally leave behind essential documents needed for your divorce case. This can make it difficult to access crucial information and evidence to support your position in negotiations or court proceedings. It can also result in an incomplete understanding of the financial landscape, leading to unfavorable settlements.

When you move out, it’s important to have copies of:

  • Bank statements
  • Insurance policies
  • Credit history & loan documents
  • Retirement accounts
  • Other personal documents

Domestic Violence

In cases of domestic violence, moving out becomes a more complex decision. Safety takes precedence over other considerations, so it might be necessary to move out immediately. If this applies to your situation, it is vital to work closely with legal professionals to have appropriate documentation and action to protect you and any children involved.

Help can also be found through the National Domestic Violence Hotline at 800-799-7233 or by texting START to 88788.

Contact Our Team

Divorce can be a tumultuous time, and it's essential to consider all aspects before making a decision to move out. Speaking to an experienced divorce attorney can provide invaluable guidance in understanding the unique circumstances of your case and the potential repercussions of moving out prematurely.

At the Law Office of Tzvi Y. Hagler, P.C., our divorce lawyers can be here to assist you through this often complex and emotional process. If you are considering moving out before your divorce is finalized or need legal guidance, reach out to our team. With many years of experience in this field, we are equipped with the legal knowledge to help you.

Don't hesitate to contact us today at (516) 514-3868 or fill out our form online.