When spouses file for divorce, what usually happens is one spouse moves out. There can be a multitude of reasons why. Perhaps the home environment is too turbulent or hostile. Or maybe one spouse wants their own space to start healing.
Whatever the case may be, moving out is not a decision you should make lightly. There can be emotional, financial and legal impacts that could make divorce more complicated than it needs to be.
Here are several factors you should consider.
The immediate costs of moving out
If you want to move out of the marital home, consider your expenses first. Unless you are staying with friends or family for free, you can expect to pay for a lot of things, such as:
- Rent and down payment
- Moving fees
- New household essentials
Furthermore, you may still have to pay for the expenses in your marital home, such as the mortgage, property taxes and maintenance.
How your spouse will treat your home when you leave
In Minnesota, moving out of the marital home during divorce does not constitute abandonment. Hence, you do not lose your rights or interests in the home.
In other words, your home will still be subject to equitable distribution. Either your spouse keeps the home and you get another marital property of equal value—or you sell the home and distribute the proceeds fairly.
However, you may have little to no control over how your spouse manages the home after you leave. They might let the house fall into disrepair or make changes without your input, which can ultimately affect the home’s value.
The impacts on your children and child custody
Moving out can be a traumatic experience for both you and your children. As a parent, you might suffer grief and loneliness from being apart from your kids. In turn, your children may experience sadness, anger, confusion or feelings of abandonment.
Nevertheless, moving somewhere else does not mean you cannot see your children. During this period, you and your partner can come up with a temporary parenting agreement.
However, keep in mind that this setup can influence the court’s decisions regarding child custody. Courts prioritize children’s best interests. If they see that the parent who stayed is a more stable figure, the court may award them with more custody.
Consider talking to a lawyer before making your decision
In some cases, moving out might be the best option. But before you pack your bags, consider consulting a divorce attorney who can help you understand the legal implications.
With enough preparation and legal guidance, you can make sure you’re making the best decision for you and your family.