Why Moving Out Is The Biggest Mistake In A Divorce
We all know that moving out is a major step in a divorce, but before you pack your bags it’s best to make an appointment with your choice of Calgary Divorce Lawyers. Whether you’re the party who left or the one that got left behind, it’s hard to deal with these changes, especially if they’re permanent. However, when you move out of the house, it can have a serious impact on your divorce and custody claim. You might think moving out has no impact on the progress of your divorce, but there’s plenty of reasons how it can influence your case.
In this article, we will discuss in detail the implications of leaving the marital home before you have come to any written agreements with your spouse and before your divorce is finalized.
Should You Move Out When Getting A Divorce?
If you’re in the middle of divorce proceedings, you’re probably starting to consider what your next step should be. Do you stay in the house in which you and your spouse spent most of your married life? Or do you move out and go stay in a hotel or in a rented apartment, and leave your possessions behind?
Responses from Calgary divorce lawyers to the question of whether one must move out when going through a divorce are mixed. There are a lot of specific scenarios that would deem it impossible or impractical to stay. However, in most situations, it is safest to try and stick it out in the marital home.
One of the biggest problems faced by couples who divorce is figuring out how to split time with the children. Even if both parents agree on child custody during the separation phase, that doesn’t mean it’s going to be easy. You may still have to go through court or divorce mediation to get a judge to agree with your plan. And, if you move out while you’re going through your divorce, there is a good chance your custody claim will be harmed. That’s because moving out has one major impact: it makes it harder to see and spend time with your children regularly.
Other implications from moving out of the marital home during a divorce are as follows:
- Division of property may be affected (generally, the spouse who stays in the marital home will get final possession);
- Finances may be harmed (paying for two residences will be expensive, consider seeking divorce financial advice);
- Spousal mischief is possible (examples would include: hiding money, destroying documents, damaging property, etc..)
What Happens If I Leave My House During Separation?
One of the main issues that people think about when going through a family law separation is that they will be forced to leave the family home. While this is a primary concern for many, it is important to realize that leaving the home will not always happen. In fact, both parties are legally entitled to stay in the house as long as there is no order from a judge or other superior court official stating otherwise.
If you have decided to leave your marital home to lead a life apart from your partner regardless of the risks, you will need to retain a Calgary divorce lawyer to assist you through the property settlement process. Separation is a really stressful time for many people. You’re trying to deal with the feelings of leaving your marriage and trying to make decisions about dividing your assets. But one grey area that can cause confusion is what happens to your property if you leave your home during separation.
There are all sorts of questions that can arise from each party making different decisions about their possessions. This means that what will happen to your belongings, and how you end up dealing with them, will depend on the individual circumstances surrounding your own separation situation. If you have personal belongings that you want to retain, it is strongly recommended that you retain possession of those items when you move out, to avoid having them retained by your ex.
The Moving Out During Divorce Takeaway
Divorce is never easy. There is a lot of work and stress that goes into making marriage work and everyone goes into it with high hopes. When things end, the hardest thing you will face is where to live and who gets to keep what. This can be especially stressful if you share joint assets such as a house or car.
There are certain situations where moving out can be best for both parties such as avoiding confrontations, but usually, it is safer not to live apart from your spouse or partner until you have officially divorced or moved on to other living arrangements after having an arrangement made by a divorce mediator or some highly recommended family lawyers.