Call Day & Evening

 (201) 880-7070

Should I Move Out Before My Divorce Is Final?

Posted on : February 17, 2021, By:  Erlina Perez

Many people mistakenly believe that if they’re getting a divorce, one spouse should move out of the hosue to make things easier. They may be afraid of increased conflict if they stay. However, moving out can be even more problematic. 

If you move out before your divorce is finalized, you risk: 

Showing the Court Your Spouse Is the Best Primary Custodian of Your Children 

When you leave the marital home before your divorce is complete, you inadvertently illustrate to the judge that your spouse is the better full-time custodian of your children. Staying in the home may be difficult and cause some additional stress or awkwardness, but it allows you to maintain your right to the equal care and custody of your children. 

Consider moving to a different room or sleeping on an air mattress in the living room to help reduce conflict. Don’t allow your spouse to intimidate you into leaving.  

Losing Access to Your Belongings and Important Documents 

Once you leave your house, you leave behind anything of yours still in it. Your spouse will then have unrestricted access to your belongings and important paperwork, and because they also legally belong to your spouse, they can generally be altered or destroyed without consequence. 

You may have to leave the home due to circumstances beyond your control, such as if your ex makes false claims of child abuse or domestic violence against you. In this case, take as many important documents and belongings as you are able to. 

Having Two Households to Support Financially 

If you’re the primary wage earner and you move out, you’ll likely have to support both your new household and the home you left. You may even be ordered to do so by the court depending on your ex-spouse’s financial circumstances and their ability to work and live independently. 

It’s typically in your best interests financially to stay in the home, whether or not you have the money to live on your own. 

How a Seasoned New Jersey Divorce Attorney Can Help You

Going through the process of a New Jersey divorce is challenging enough without the added issue of ongoing conflict in the home. However, moving out can seriously damage your divorce case, especially if you have children. An experienced lawyer can assist you with protecting your rights to your children and property from the start of your case to the final divorce decree. Contact Erlina Perez today to book your initial consultation at (201) 880-7070.