QUESTION
Is it bad for me to move out of a property during a divorce?
Asked on Oct 03rd, 2011 on Child Custody - Nevada
More details to this question:
My husband no longer wants to be with me and we have two kids. I want to be the one to move because his house is on family property. I cannot afford it anyway and I do not want to be on their property if we are not together. Is it bad for me to be the one to move out of the house? A lot of people say it is.
13 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Are you moving with the children? Where are you moving to? Would you have adequate accommodations for them where you move to? Will they be attending the same school?
Answered on Jul 08th, 2013 at 9:43 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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No. It may be in the best interest of the children.
Answered on Oct 28th, 2011 at 1:21 PM
When you have children, it can be difficult to be the one to move. This is unless you have already agreed on the schedule for when the children will be with you and with the other parent. Without an agreement that you trust will be followed, you may want to wait until you have a temporary order for a schedule before you move.
Answered on Oct 06th, 2011 at 10:32 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado it makes no difference who moves out.
Answered on Oct 06th, 2011 at 7:23 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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It might be a factor effecting the stability of the children and your living costs. Seek a free consultation from a family law attorney so all factors can be weighed and you can then intelligently decide whether to move or not, and when.
Answered on Oct 06th, 2011 at 12:03 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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It sounds like you would be unable to afford the upkeep on the property, and that it is probably separate property anyway. In that case, there is no harm in moving out. If the property has a community interest, you do not lose that by moving.
Answered on Oct 06th, 2011 at 10:01 AM
It will make absolutely no difference if you move out or not. If the home is a marital asset under community property does not depend on you living in it. You will not lose any rights you may have in that home by moving out.
Answered on Oct 06th, 2011 at 12:01 AM
Thomas Daniel Nares
No. What people might be think of is if you leave the house and leave the kids with your spouse, the court might be more inclined in that case to award custody to your spouse. Other than that, its OK.
Answered on Oct 06th, 2011 at 12:00 AM
Your husband could allege abandonment. I would not move until consulting with an attorney and at least having divorce papers filed with the courts. After the filling of divorce papers the grounds for divorce are usually decided upon and if he wanted to allege abandonment you would have a valid reason after filing for divorce.
Answered on Oct 06th, 2011 at 12:00 AM
Gary Moore
It makes no real difference. It just reflects that you have irreconcilable differences.
Answered on Oct 05th, 2011 at 5:50 PM
If you move out, where will the children go? If the matter comes before the court, there is a fair chance that the court, in deciding who the children will live with, will take into consideration who is in the family home. This is because the court is going to want to disrupt the children's lives as little as possible. This means that the court usually wants to keep the children in the family home if at all possible. Therefore, if you move out of the family home, there is a fair chance that the father could end up as the primary residential parent in any subsequent parenting plan.
Answered on Oct 05th, 2011 at 5:49 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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Not necessarily a bad thing. If its conducive financially and you have no interest in staying in the house then would recommend leaving if anything for your own sanity during the divorce process.
Answered on Oct 05th, 2011 at 5:46 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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As long as he agrees in writing that you can take the children with you when you leave, it doesn't matter if you move out.
Answered on Oct 05th, 2011 at 5:46 PM