Brian D. Perskin & Associates

Why Moving Out during Divorce is a Big Mistake

There are many divorce myths floating around the internet. Does the mother automatically get custody of the kids? Will the husband be forced to pay alimony? The biggest, and definitely one of the most harmful, involves moving out of the marital home during divorce.

Read on to learn why moving out is one of the biggest mistakes you can make during divorce.

You Are Not Obligated to Move Out

A common question we are often asked during initial divorce consultations is, “Can my spouse kick me out of our home?”

The answer? No!

A major divorce misconception is that a spouse must move out of the marital residence once a divorce case has begun. This simply isn’t true. In fact, moving out can actually hurt your case. Assuming your name is on the lease or mortgage, you are under no obligation to voluntarily move out.

The Risk of Abandonment & Child Custody Concerns

Moving out once a divorce case has been started isn’t a good idea, especially if you have kids. Opting to pack your bags can be spun and seen as you abandoning your home and kids.

A number of uncontested divorce cases turn sour. When this happens, your ex can claim that you abandoned your family. Once you move out, the court will assume that parenting, and having regular access to your children, isn’t important to you. This will impact your future custody arrangement, and might even result in you losing physical custody and visitation time.

Consider the Costs of Moving Out

New York City is an expensive town. Moving costs thousands of dollars, and that doesn’t even include the costs of furnishing a new apartment, or paying monthly rent and utilities. These costs, coupled with potential support obligations, are a major financial burden.

Moving out of the home you share with your spouse can do major damage to your financial standing after divorce. Do so with caution!

When Moving is a Good Thing

Packing up and moving out of the marital home isn’t always voluntarily, and it might not even be a bad thing. An example of this is divorce cases involving domestic abuse. If you are a victim of domestic abuse, you can petition the court for an Order of Protection. There are different kinds of protection orders, but generally, they will ban your spouse from entering your home.

Your Winning Legal Strategy

Divorce cases are like fingerprints, each one being unique and one of a kind. Because of this, there is no such thing as a universal approach when it comes to how you should proceed. The best course of action is to work with a legal team and develop a winning divorce strategy.

For more information on divorce and family law in New York, contact the law firm of Brian D. Perskin & Associates P.C. today!