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Should you leave the marital home before finalizing your divorce?

On Behalf of | Dec 8, 2022 | Family Law

Granted the tension that comes with divorce, one of the questions couples ask when the process is underway is whether they can leave the family home before the divorce is finalized. 

However, every divorce case is unique. As such, the decision to stay or leave the marital home depends on a host of factors. That said, here are three things you need to know about leaving the marital home during the divorce:

Your spouse cannot force you to leave

While your spouse can harass or threaten you into leaving the marital home, the law has safeguards to protect you from forceful eviction from your family home. In other words, your spouse cannot force you to leave the marital home. However, if they are violent or are threatening you and your children, you may seek temporary shelter while taking out an order of protection against your estranged spouse. 

You might lose some “bargaining chips” if you leave

Leaving the marital home before finalizing your divorce does not impact your spousal or parental rights and obligations. However, it can impact your negotiations. 

For instance, leaving the marital home may mean leaving the kids behind with the other parent. When the subject of child custody comes up, the court might award primary custody to the parent who remained at home with the kids. 

Leaving the marital home can impact your finances

It takes money to find and furnish a new home. Moving out means that you will be supporting two households, and this means that you might have a difficult time maintaining your current living standards. 

The decision to stay or leave the marital home during the divorce is entirely yours to make. Before taking this route, it is important that you understand how your action will impact the outcome of your divorce