Should I Move Out Before My Divorce is Finalized?

Whether you’re completely blindsided by your spouse’s decision to file a divorce or you saw it coming, it can still cause an overwhelming amount of emotions. One of the first things many do during these circumstances is pack their bags to move out while their divorce is ongoing. However, before you start gathering your things, it’s critical to understand the implications of moving out before your divorce is finalized. The following blog explores what you should know about these matters and why it’s critical to consult with a Morris County divorce lawyer before making any decisions regarding the dissolution of your marriage.

What Happens if I Move Out Before My Divorce Is Finalized?

Though moving out during your divorce may seem like the best option, it’s important to understand what happens when you decide to move out. Generally, when you file for divorce, the judge assigned to the case will issue a “status quo” order. Essentially, this means that all financial arrangements must remain the same, so each spouse is still contributing financially to household expenses. As such, if you move out, you may still be responsible for paying bills for your marital home while carrying rent and utilities for an apartment. Additionally, moving out can result in temporary alimony or child support orders until these matters can be fully fledged in court.

In addition, if you move out, you’ll lose immediate access to important documents and paperwork that may be necessary for your divorce. This includes bills, tax returns, mortgage information, life insurance policies, and other documents that can play a significant role in your case. Accessing this information after you’ve moved can take time, causing unnecessary delays in your divorce.

How Can My Spouse and I Cohabitate Until the Divorce Is Over?

One of the most important things to note is that you nor your spouse can force the other to leave the marital home in the middle of a divorce without a court order. Typically, these court orders are only issued in instances of abuse.

As such, if you are going through a divorce, it’s in your best interest to remain in the marital home until your divorce has been finalized. However, living with someone you are currently ending a marriage with can be uncomfortable, so you should set rules with your spouse. For example, you may decide to designate certain rooms for each party to have their own private space or limit houseguests until the matter has been settled.

When going through a divorce, connecting with an experienced attorney is in your best interest, as you’ll have the necessary legal guidance to assist you in these matters. Your attorney can help ensure that you understand the impacts of decisions before they are made, so you can feel confident in your choices. At Haber Silver Russoniello & Dunn, our team will do everything possible to help you during these complicated matters. Connect with us today to learn more about how we can assist you.