Why you should reconsider moving out of the marital home

Griffin Law, PLLC
Jan 22, 2018

If you are ready to call it quits with your spouse and move on with your life in Iredell County, you might find yourself contemplating moving out. Though it has been your place of residence for the last several years, you have no qualms about getting your own place.

Moving out of the marital home seems like a good decision for you to make. But if your reasons for doing it do not include threats of violence or physical and emotional harm, here is some information on why you should reconsider.

Lose leverage in custody and visitation

When you live in the marital home, you spend more time with your kids. Once you move out, the time you spend with and around them becomes less. This can give your soon-to-be ex-spouse leverage for custody. You should put off relocating from the marital home until the courts rule on custody and visitation.

Incur additional living expenses

You could end up having to pay to maintain the marital home and associated living expenses for your spouse and kids in addition to supporting yourself in a new home. Your spouse could file for a status quo order that requires you to financially support both households, making the separation or divorce a lot more expensive.

Moving out could qualify as desertion

North Carolina is one of several states that allows spouses to use desertion as grounds for divorce. The clock starts from the moment you move out. Your ex-partner could claim desertion or abandonment and use it to improve his or her divorce outcome and alter yours.

Living with someone you no longer want to be with is not easy. The longer you bicker and argue during your divorce, the harder it may be for you to receive a favorable settlement. There may be issues where you and your former spouse cannot see eye-to-eye. You may also feel remaining in the marital home is more hazardous to your health and situation than moving out. An attorney can offer you guidance on your living arrangements and how to achieve a better outcome.

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