Many people ask me, “Should I move out of the marital home while our divorce is pending?” Generally, I suggest that you remain in the home with your spouse during this time. First of all, once you leave the marital home, you lose the right of occupancy. Your spouse can change the locks to the home and they do not have to let you return to the marital home unless they consent. Unless you really have domestic violence or a reason to leave, I don’t suggest you do. In addition, once you leave the marital home, you have to support a second residence. You’re required to maintain the status quo of the marital residence. If you haven’t had a distribution of your assets or a determination of how much alimony will be paid, you’re taking on a second burden that you may not be able to afford without a final resolution of the divorce matter.
If you have children, when you leave the marital home, you’re immediately giving your spouse primary residential custody of the children. It may be temporary, but without a parenting plan in place, the parties don’t know where or when the children should be with the alternative resident parent. You may lose control because the children are already living with the spouse in the marital home. These are factors that need to be considered. Unless there is domestic violence going on in the household, moving out of the marital home can put you at somewhat of a disadvantage.
If you are facing a divorce or family law matter, you need a quality law firm that will work to better your situation. The Salvo Law Firm, P.C. works with clients from New Jersey. If you need our experience and skill, don’t hesitate to contact our office for a consultation.