Should you stay in the family home during your divorce?

On Behalf of | Jan 12, 2024 | Divorce |

One of the things spouses must consider after deciding to divorce is their living arrangement. Should they both remain in the family home until the divorce is final or should one of them move out? And if they opt for the latter, who should move out?

If this is a concern for you, here is what to know:

Does your case involve domestic violence?

If domestic violence or any form of abuse led to your divorce, you can file for a restraining order with the court to ban your soon-to-be ex-spouse from coming to or near the house. Or you can move out if it’s the safest thing to do.

What if you have minor children?

Minor children can complicate a divorce. If you and your spouse can’t agree on your living arrangement when children are involved, a judge can issue a temporary order. The judge will consider different factors to determine the most fit parent to stay with the kids in the house.

Your children remaining in the family home can provide stability for them. This is because they won’t have to deal with the hassle of living in an unfamiliar place in addition to the stress of their parents going through a divorce.   

Moving out during divorce can be a complex decision. You may have concerns about leaving the family home, fearing that if you do, your spouse could accuse you of abandonment/desertion. It’s wise to get legal help to learn more about your options and what, if any, effect your choices could have on your divorce.