Once a divorce is filed, if you know there’s no way you can continue to live with your spouse, there are only two options: you move out, or your spouse does. This installment will address the option of you moving out, and we will discuss having your spouse move out next week. In the first post of this blog series we discussed the option of continuing to live with your spouse after the divorce is filed. If you missed that post, you can find it here.
Moving out of the marital residence offers a couple of significant advantages aside from the obvious—reducing tension and conflict between you and your spouse. First, hopefully, it gets you moved out on your own terms. If you have time to plan the move-out (and you should if you are reading this blog series) then you can carefully choose where you will live, when you will move in, how you will move the belongings you need to go with you, when your utilities will get turned on, etc.
The second advantage is that you are getting a head start on defining your “new normal” after the divorce. Your “new normal” includes factors like how you choose to live, who you choose to include in your circle of friends, how you will manage your new single life budget, and more. Moving out early in the divorce process allows you to get started on your new life. You will be free to pursue your goals that have been neglected during the marriage. In this regard, the sooner you are separate from your spouse the better.
The risks of moving out largely revolve around property, but may also include the children. Generally, when someone moves out, they cannot take everything they want from the home. For example, can you take the furniture from the master bedroom? What about the refrigerator? What about all the clothes? What about a couch? You get the idea. Your spouse will want things too. If you can’t take the stuff with you then you’d need to buy replacement (not necessarily new) furniture.
The risk involving the children is creating turmoil in their life when you move because now they are having to move too. Getting them established in their new bedroom, house or apartment, neighborhood and even school can be stressful for them. Of course, the other parent may not want them to move, so that can be a big deal and can cause a lot of conflict. Of course, you could move out and leave the children in the marital residence with your spouse, but there are significant legal risks that can damage your case with this course of action.
Be sure to consult with your divorce attorney before moving out. Tune in later this week for this week’s bonus material where we discuss some strategic things to consider when moving out.
Bonus: Get our FREE whitepaper on 10 Things You Need To Plan Before You File For Divorce by clicking HERE.
Youngblood Law, PLLC is a Fort Worth, Texas family law firm that uses a holistic approach to help people define their new normal through the divorce process and beyond. This essay is intended for educational use only, and is not a replacement for competent legal counsel. If you are facing a family law matter, we recommend obtaining competent legal counsel like Youngblood Law, PLLC. For more information, contact us at 817-601-5345, find us on the web at www.youngblood-law.com, or on your mobile device, open your browser and type in lawfw.biz and press Go.
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