Getting Divorced: Should You Stay or Leave the Family Home?

Divorce concept shotWhen it comes to getting divorced, they say moving out is one of the biggest mistakes you could ever make. There are, however, important factors to consider when deciding whether you should stay or leave during the process. It is not always easy to come up with an answer, as you need to take note of your unique situation to determine the right choice.

The best for the kids

It is best to aim for as little disruption as possible so your kids won’t have to suffer during the process. It is ideal that the children remain close to their friends, school, and childcare. It also pays to be close to your work, friends, and support network. Denver family lawyers note that having a parenting agreement can help avoid conflicts and establish parenting schedules.

Safety considerations

If you are divorcing an abusive spouse, your and your kids’ safety is of utmost importance. You may get a protective order or ask the court to order your spouse to move out. If you and your kids are at risk, leaving may be the right thing to do. Be sure to get a temporary custody order to avoid kidnapping accusations, though.

Goals or intentions

If you intend to keep the house in the future, it is ideal not to move out. You still, however, have to consider the specifics of your situation. You may still be able to get the house (as a part of the settlement) even after moving out, but it can make things more challenging in proceedings or negotiations.

Financial and future concerns

Your financial situation may play a role in making a decision, as moving out means finding and paying for a new place. If you decide to stay, note that is not a guarantee that you’ll get the house. The law requires the marital property to be divided equitably. This means the one party may be able to keep the house if the other one receives a property or money of a relative value.

If you are going through a divorce, it is best to work with a reliable family attorney. The right lawyer can help protect your rights and assist you in making decisions that can benefit your safety and your future.