One of the biggest questions people ask before filing for divorce is whether they should move out of the marital home. The answer depends on your specific situation, but in many cases, I recommend that my clients stay in the home if they can do so safely.
Moving out too early can create challenges, especially when children are involved.
Should I Move Out? Every Situation Is Different
There isn’t a one-size-fits-all answer.
If there has been domestic violence or you feel unsafe, your safety should always come first. In those situations, leaving the home may be the right decision.
However, if there are no safety concerns, I generally recommend talking with an experienced family law attorney before making the decision to move out.
What Are My Rights if I Leave the Marital Home During Divorce?
Many people worry that staying in the same house during a divorce will make things uncomfortable. That’s certainly possible.
But moving out can sometimes create unintended consequences.
For example, if one parent moves out and the children remain in the home with the other parent, a temporary routine may begin to develop. Over time, that routine can become the “status quo.” While it doesn’t automatically determine the outcome of your custody case, judges often look at what arrangement has been working for the children while the case is pending.
That’s one reason I encourage clients to think carefully before voluntarily leaving the family home.
Don’t Assume You’re Giving Up the House if You Move Out
Another common misconception is that moving out means you’ve lost your ownership interest in the home. That’s generally not the case.
Whether a home is community property or separate property depends on Arizona law and the specific facts of your case, not simply on who is living there during the divorce.
Still, moving out can affect practical issues involving parenting time, finances, and daily routines, so it’s important to have a plan before making that decision.
Talk to an Attorney First
Before packing your bags, take the time to understand how moving out could affect your divorce. A short conversation with an experienced Arizona divorce attorney can help you evaluate your options and avoid making a decision you’ll later regret.
Key Takeaways: Moving Out of the Marital Home During Divorce
- Don’t move out simply because someone tells you that you should.
- Your safety should always come first.
- Moving out may affect parenting routines during the case.
- Speak with an attorney before making a permanent decision.
Talk to an Arizona Divorce Attorney
If you’re considering moving out before your divorce is finalized, we can help you understand the legal and practical consequences so you can make the best decision for yourself and your children.