Divorce is a massive step in itself, but leaving the marital house before divorce takes huge courage. It involves various steps like finding a new place to stay and also other legal issues. If you are leaving the house before divorce, then it has significant implications on the legal aspects of divorce.
So, if you are planning to leave your house before divorce, then you must know what the essential points are associated with it. In this article, we will discuss some of the crucial points about leaving the house before divorce. You can consult various law firms like The Harris Firm, LLC, about the legalities of such cases in this article.
What are the Implications of Leaving the Marital House Before Divorce?
- Property and Asset Division: If you are leaving the house before marriage, then it can impact the divorce proceedings, especially related to the property division. It will be interpreted that you are relinquishing your property rights to your soon-to-be-ex. However, it will not mean that you will lose your property rights; it will merely affect the court’s views.
- Child Custody: Courts always try to do everything in the best interests of the children. So, if moving out of the house is affecting the child due to separation, courts will favour the spouse staying in the house. However, the condition in which you are staying in the house will also determine the child’s custody.
- Alimony or Spousal Support: It is also one of the critical factors that is affected by the leaving of your house. For instance, if the spouse is leaving the house and maintaining their expenses, then it will be considered in the financial support. You have to send house expenses to the other spouse, especially when children are involved. In this case, the courts will consider the financial resources available to each house while data winding the alimony or spousal support.
What does the law say about leaving the marital house before divorce?
Leaving the marital house before divorce does not have any legal standing. It will not affect the divorce case; however, it might affect the negotiations related to the property, spousal support and child custody. Apart from this, there is no legal hindrance to leaving the marital house before divorce.
So, these are some of the critical impacts of leaving the house before divorce. However, before taking such a huge step, it is essential to take care of all the practical considerations, financial support, child custody and related expenses. You can consult with your lawyer for detailed information about such issues.