Before you decide to leave the marital home, it’s imperative to understand the impact moving out can have on the outcome of your divorce. Please continue reading to learn why moving out is a big mistake during a Massachusetts divorce and why connecting with our trusted Bristol County Divorce Issue Lawyers is in your best interest.
How Can Moving Out of the Marital Residence Impact the Outcome of My Divorce?
It’s important to understand that if your spouse moves out of the marital home before filing for divorce, it won’t affect their legal rights to the marital home. However, it can complicate the division of assets and potentially impact child custody arrangements as the court can consider a spouse’s decision to leave the marital home when determining a fair outcome.
If your marital home was purchased during the marriage, it will be considered joint property within the marital estate, meaning its value is subject to equitable distribution in the event of a divorce. This means it will be divided fairly, though not necessarily equally as the court will consider several factors to determine a just distribution. It’s important to keep in mind that if a spouse decides to leave the marital home, this doesn’t automatically absolve them of their financial obligations regarding household bills. The court can issue an order requiring the spouse who vacated the marital home to contribute to household expenses, such as the mortgage. This is especially true if the absent spouse is the primary breadwinner. This can lead to financial difficulty if a spouse moves out prematurely, as they will now be faced with two sets of household bills to take care of.
When it comes to child custody matters, a spouse’s decision to leave the marital home will significantly reduce their parenting time. If the children spend most or all of their time in the family home or if the spouse who vacated the premises is unable to provide adequate accommodations for the child, the court may favor the spouse who stayed in the marital residence as they have prioritized the best interests of their children.
What Should I Do if I Want to Move Out During the Divorce?
Before deciding whether or not you should vacate the marital residence before the divorce, it’s in your best interest to consult an attorney and consider your unique circumstances. Understandably, it may feel impossible to manage while living under the same roof as your soon-to-be ex-spouse. Despite the complications that come with remaining in the marital home throughout the divorce, this is the best choice to protect your interests. If you are going to remain in the marital residence, you should establish ground rules to minimize conflict.
If you are facing a divorce, please don’t hesitate to contact a seasoned attorney from The Law Offices of Cynthia L. Hanley, P.C., who can guide you through this complex legal process and protect your rights. Connect with our firm today to learn how we can fight for you.
