Find Out Your Options If You’re Considering Moving Out Before Divorce
Clients often ask us whether it is acceptable for them to move out of the house before they file for divorce or before they file for custody in family court. That request is most often made in conjunction with, “May I take the children with me?” Each case is different, and the answer depends on a variety of factors. In some cases, your spouse will go right into court and seek an order directing that the children be returned to her or his home. That does not mean you must return to the home, however. You need to be careful about any steps that you decide to take prior to filing for divorce. There are instances where it is appropriate and even recommended that you move out, such as domestic violence or other ongoing issues that make it difficult or impossible for you to remain in the home. You should not take this step lightly without first seeking counsel.