Do not move out just because your children’s other parent asks you to. Stay put. You do not have to move out just because they want you to. If you both own the house or you both lease an apartment, you have as much right to be there as your spouse does. Tell him or her that you are staying. You can’t be forced to leave without a court order. In fact, moving out can be detrimental to your legal case. It could have an adverse effect on divorce, alimony, property division, custody and child support.
If you move out, your spouse can use it against you later in a divorce or custody complaint to claim you deserted them and the children.
Marital conduct can be a factor in dividing your marital estate and in awarding alimony. If you leave, the court might determine that your leaving caused harm to the marriage and a judge might award your spouse more alimony.
You will have a hard time convincing a judge to give you custody if you left the children. Although the theory possession is nine-tenths of the law applies to property law, the same could be said for children. If you leave, you might be setting yourself up for less time with the children. Once a pattern is set, it is hard to change a Parenting Plan. If a certain arrangement is set and seems to be working for the children, it is deemed to have established the status quo and the court will not want to tinker with it.
If you have already made the mistake of moving out, you can correct it by simply moving back in. Nothing prevents you from living in your own home or apartment. If your spouse has changed the locks, you can change them again. If you have an alarm, your spouse may have changed the code, so you might want to explain to the alarm company or police what you are doing ahead of time.
If the situation has become so tense that you cannot stay and you absolutely have to leave, try to get your spouse to sign a “Move Out Agreement.” This is to show that you did not desert the family, if litigation follows later. This will help you prove that a separation is mutual and voluntary.
No matter what stage you are at in the divorce process, the lawyers at The Massachusetts Family Law Group have earned the reputation as zealous advocates for their clients’ legal matters.
In our Plymouth office, we cover all the towns and cities in Plymouth, Bristol, Barnstable, Dukes and Nantucket counties and gladly offer no-obligation consultations to those seeking legal representation. Contact us to set-up an appointment.
We’ve reviewed, represented or even litigated family law matters in Hingham, Plymouth, Brockton, Scituate, Easton, New Bedford, Barnstable Hyannis, Falmouth, Orleans and even Martha’s Vineyard and Nantucket. Call (800) 910-DIVORCE or contact us today.