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Most people who are going through a divorce cannot fathom the idea of remaining in the marital home after his or her spouse has filed for divorce, as chances are, pre-filing, tensions were already running high and the atmosphere unpleasant to say the least. However, while there are many cons to remaining in the home post-filing, there are also pros.
On the surface, leaving the marital home during divorce process might seem like a smart move, but, upon closer examination, absent of domestic abuse, this may not be the case, as there are several factors to consider before packing up and leaving.
Should you choose to leave your martial home before the divorce is final, it could affect how much you receive in the way of property settlement, especially if your spouse continues making mortgage payments and maintaining marital financial obligations on his or her own.
If you leave the home prior to entry of a Judgment of Divorce, it could also be considered abandonment, which can have a negative impact on any attempt to obtain sole custody of your children and may obligate you to pay interim child support.
If voluntarily vacate the home during the divorce proceedings, you will most likely have to continue to contribute to expenses of the marital home, while at the same time pay for your own new living space. This can become extremely costly, especially if the process is drawn out.
Like many decisions during a divorce, choosing to vacate the marital home can be a difficult one. While it is usually better to remain in the marital home until the divorce is final, everyone’s circumstances are unique. At the law offices of Iafrate & Salassa, P.C., in Macomb County, we will examine your individual situation and counsel you on what decision may be best for you. Thus, before you make any decisions it would benefit you to meet with us to discuss your case. You can contact us online by clicking here or give us a call at (586) 263-1600.
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