Does Moving Out Before a Divorce Is Finalized Cause Problems?
During the early stages of a divorce, it might make sense to move out of the marital home. However, many individuals going through divorce find that moving out can damage their divorce case, with impacts on child custody, property division, and support payments. Moving out too soon without waiting for the legal process to finish can lead to higher support payments, unfavorable custody rulings, and other long-lasting consequences in a divorce case.
If you are going through a divorce and considering leaving the marital home, consult a knowledgeable Beverly Hills, CA divorce attorney to avoid mistakes and build a sensible strategy. Below, we’ll list some of the factors affected by moving out during a divorce.
Financial Consequences
The marital home is typically the largest asset in a divorce case. If the parties bought the home during the marriage and shared it together, it would normally be marital property. During a divorce, property division is a highly contested issue, and the home is a key part of that calculation. A marital house can be awarded to one partner over the other, or ordered to be sold with the assets shared in some fashion. Before moving out, you should consult a lawyer about any financial ramifications of leaving the home.
Leaving the home while children stay with the other parent at the family home can also influence child support and spousal support orders. You could find yourself paying more for child support and spousal support when the spouse remaining behind needs help maintaining their lifestyle.
Impacts on Status Quo Orders
In California, courts typically enter an Automatic Temporary Restraining Order once a divorce complaint is filed. The Automatic Temporary Restraining Order, or ATRO, freezes the status quo to restrain how either party can dispose of marital resources. The ATRO prevents either spouse from selling, hiding, or disposing of assets without the court’s permission.
Status quo orders can also require one or both parties to continue paying necessary bills and expenses to maintain property, such as the home. If you move out, you could find yourself ordered to pay bills for the old home while paying necessary bills for your new home. This can be a crippling financial blow while the divorce case proceeds.
Impacts on Child Custody Claims
If you and your spouse share children, moving out can complicate matters and damage your child custody claim. California family courts favor stability and routine for children, which often means keeping them in the home they are familiar with. When you leave the marital home, you can reduce your daily interactions with the children and enter a new home environment that the courts might find less stable.
Whether you are pursuing full custody or shared custody, moving out and starting a new home can impact a court’s decision on the final custody order. You could risk becoming the “noncustodial parent” in the eyes of the court when you venture out on your own and reduce the overnights spent with the children. For these reasons, it is critical to seek legal advice before making the decision to move out during a divorce.
What To Do Instead of Leaving the Marital Home
Whenever you can, it is best to remain in the marital home while a divorce case proceeds. Not only will you maintain continuity and access to your home and possessions, but staying can have important legal consequences as well. Leaving the home before a divorce is final can impact property division, child custody, child support, spousal support, and more. Of course, there are some situations when you must leave if safety is an issue for you and any children involved. Every situation is unique, and sometimes leaving the home is necessary under the circumstances.
Contact a Beverly Hills Divorce Attorney To Schedule a Consultation
Divorce is an extremely challenging process in many ways. The prospect of going through a divorce and leaving your home is an emotionally and financially frightening situation. Moving out before a divorce is final can cause problems in certain ways. Your situation and overall goals will dictate what you should do. An experienced Beverly Hills, CA divorce lawyer can help you analyze your options and make the best decision.
Contact a California Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586