You will need to move out of the house once your divorce is finalized, and it’s not a good idea to move out before that time. It may seem like common sense to get as far away from your soon-to-be ex as possible, and it may also be something you’re incredibly eager to do. Believe me, I’ve been there. I understand. However, moving now can hurt you in divorce court.
Here’s the problem with moving out: it can hurt you if you want custody of your kids. In order to show the court that you are an active, involved parent, you’ve got to be there in the house to spend time with them and participate in their day-to-day activities. You won’t be able to do that if you live somewhere else.
Another possibility if it’s a really nasty split is that living somewhere else will make it a lot easier for a manipulative, vindictive ex to cut you off from the kids. They could do this to make you look bad in the kids’ eyes or to make you look bad to the court. Or both.
If you absolutely must move out of the house so badly that you’re willing to take the risks, you need to have a plan. Choose a date for the move so your ex can make sure they are gone that day. This will allow you to pack and load your belongings into the moving van without your ex being there to anger or distract you.
To increase your chances of your ex leaving that day, make a formal agreement regarding who is going to keep what. That way, they won’t feel like they have to watch you so you don’t take anything they want. You can visit this website to learn more about your legal options after a divorce if you need help with this.
You may also want to ask close friends or family members to help you on moving day. You’re going to need them for more than holding the other end of the mattress. Moving out of the house can be emotional, and you’ll need all the support you can get during this difficult time.
You might be reading this article right now because you’re wondering how soon your ex will have to move out. It’s hard to count the seconds when you don’t know the move-out date, right? One way to make this happen faster is to jointly agree to a move-out date without involving your lawyers.
Once lawyers are involved, it is possible but not likely that a judge might order your spouse to leave the home. This typically only happens in instances where a spouse is abusive, has a serious substance abuse problem, or has certain mental health conditions that may be a threat to your child. In some states, the court will also legally separate you until your divorce is final.
Even if you are in this situation, it may still take a while to get your ex out of the house. The courts typically do not consider these cases to be emergencies, so they schedule exclusive occupancy cases just like any other case rather than scheduling an emergency hearing.
No matter who moves out or when they do it, the important thing is to try to make the process as amicable as possible for your kids’ sake. I know during a divorce every minute you have to spend in the same house as your ex can feel like an eternity, but eventually this will all be settled and you’ll be able to move on with your lives.