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The dangers of moving out when you file for divorce with kids

On Behalf of | Oct 28, 2019 | Uncategorized

Going through a Texas divorce with children can be substantially more complicated than a divorce without kids. Not only do you have to worry about custody issues and child support, but you must also do your best to protect your children from the emotional damage that divorce can often cause.

While you may want space between you and your ex once one of you files for divorce, you need to carefully consider if moving out now could cause issues for your divorce in the future. What initially starts as a way to clear your mind and end inter-spousal conflict can wind up influencing the outcome of the divorce process.

Leaving the marital home could mean reducing your parenting time

One of the biggest concerns that stem from leaving your home during a divorce is the risk of drastically reducing the amount of time you get to spend with your kids. By virtue of living with your children, you spend quite a few hours with them. When you move out, you will no longer be there when they sleep, eat or get ready for school.

What may at first seem like a source of moderate loneliness can prove to be a complication as your divorce moves forward. The courts will look at everything from your ability to support the children to your current involvement in their lives when establishing a parenting plan.

If you and your ex can’t agree on terms the court set on your behalf, the more time you spend with your children now, the more time the courts are likely to allocate you. Staying in the marital home and choosing to be with the kids around the clock can keep you actively involved in their lives and help the kids feel more connected to you as the divorce progresses.

If you give up possession of the home, that could influence your claim to it

Possession matters in the eyes of the courts. The person currently living at a property usually has a slightly better claim to retain the property, although that isn’t always the case. In a divorce where both spouses claim the marital home, the courts will look at who retains possession, as well as any ownership interest that predated the marriage.

If you move out, the courts may decide that it is a simpler solution to issue an order that supports the status quo. Minimizing upheaval for the children by reducing the total number of moves and changes associated with the divorce is usually best for everyone. In other words, once someone moves out, they may not move back in.

Although moving out is not a guarantee of the loss of your home in a divorce, it likely will not help your chances of retaining possession of your marital house. The courts could also order you to sell the home and split the proceeds, especially if neither spouse can afford the home on their own.


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