Factors To Consider Regarding Moving During Divorce

A house is frequently the most prized financial asset of any couple. Majority of house owners are emotionally attached to their home. Due to this, the decision of whether one spouse will move out at the time of the couple deciding to divorce can be hard to resolve. Situations are unique to each couple and the answers will also be a little different.

Personal safety above all

If the home is wracked by domestic violence, then you must do what is necessary to secure your personal safety. This includes visiting the court for protective order and also requesting the judge to give an order compelling the abusive nature spouse to move away. You may leave the temporarily in case you feel unsafe. Children at risk can also be taken with you. Do note that in case you and your kids move out, then it is important to go for a court order to get temporary custody at the quickest opportunity. This will help you to avoid any accusations of kidnapping.

There may be instances where the situations can be less transparent. Even in an absence of violence at home, it can be extremely hard for a once couple to continue to stay together post the divorce decision. This can be an extremely challenging affair and the children will suffer most in the middle of torturous home. When you consider a move, do consider issues of property and child custody.

Custody of the child

For children, repeated changes can be a torture and judges are aware of that. This is why a judge will always try to maintain status quo. In case the children have been living in family home at the time of divorce, the parent staying there could argue that varying the arrangement could be too disruptive while the moved out patent will object to this arrangement and say that the previous action was done to reduce conflict within the home. This argument can be avoided by parents through the creation of a written parenting agreement prior to one of them moving out. A parental schedule could also be established and it could be agreed that any parent who moves out is not surrendering any rights over the child by this action.

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Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.