The question often arises during a divorce “should I move out of the house during a divorce?” Theodore Rechel of Rechel & Associates in Tampa Florida answers this question.
Theodore Rechel answers the most poignant questions regarding divorce, custody, alimony, time-sharing, visitation, child support and other family law service
Theodore: This is a difficult question, my general answer is going to be no. Do not move out of the house until you consult an attorney at least. Even after consulting an attorney, the answer can still be no. When you vacate the marital home, particularly if there are children. It becomes problematic because you then lose the ability to continue a normal status-quo involvement in the children’s lives and you become subject to more or less the whim of the party that remains in the home as to when and how you will be seeing the children. Until there can be an agreement and mediation or a court resolution on a temporary basis. Which can be several months down the road.
Generally, particularly if there are children, you should not move out of the former marital home. There are exceptions, if there’s a domestic violence situation or the party’s presence in the home is aggravating the other party to the point where it is unhealthy for the children. Then there may be instances where moving from the former marital home is a good idea but that is the exception and is not the general rule.
Speaker 1: Okay good. Right at minute 30. Okay, so again should I move out?
Theodore: Well the answer is no, you should not move out before consulting an attorney. Even after consulting an attorney, my general answer to that is going to be no, particularly if there are children. If there are children in the case, and you move out of the marital home. Then you leave yourself to the whim of the party remaining in the former marital home as to what the time sharing schedule will be. When and how you continue to see your children and what level of involvement you have with your children until an agreement can be formalized in mediation or a temporary relief hearing can be held. The court make a determination as to the temporary parenting plan and time sharing.
There are exceptions to the general rule if there is a domestic violence situation, or if one party’s presence in the former marital home is creating a situation where it is very unhealthy for the children. Then the exception may be that moving out is in everyone’s best interest. That is the exception and not the general rule, you really need to consult an attorney on this issue.