Moving Out Of The Marital Home
Are you considering divorce and have questions about whether you will lose your rights if you move out of the marital home during the process? Watch this video by experienced Jamestown divorce lawyer Scott Humble to learn more about moving out of the marital home during a divorce.
I have a divorce client that was asking whether or not she should move out of the house while the divorce was pending. The answer, generally speaking, is no. Unless there is some kind of abuse – I don’t care if it’s mental, emotional, physical – yeah, you definitely need to get away and we need to address that through Family Court, Supreme Court or even Criminal Court, so that you are protected, so that there’s some kind of injunction so that can’t happen.
The reason that I don’t like clients moving out of the marital home – unless there’s a really good reason to do so – is finances. Once you go and you move out, normally speaking, you basically double the household expenses in that now you have additional rent to pay and you’ve got different utilities to pay. Unless money’s not a problem, money is going to be a problem because all of a sudden you’re spending all that extra money – close to probably $1,000 a month – and all of a sudden, can you go and pay the car payment; can you go and pay the other bills that you have? All of a sudden, you’ve got an additional situation as far as finances and more stress and everything else.
I think that the general answer is no. As far as moving out of the marital home with the children, that still applies, but if that’s required, we either would go to Supreme Court on an order to show cause to make sure that you have temporary custody, or Family Court, again, to go get you custody and/or support.
Are you going through a divorce and have concerns about moving out of the marital home during the process? Contact experienced Jamestown divorce lawyer Scott F. Humble for a free confidential consultation. Let his 30+ years of experience work for you.