Who Should Move Out When Getting a Divorce?

You’ve decided to get a divorce, now who should move out? It really depends on your circumstances. A factor in that would be if you have children. Most of the time if you do have children then the main caretaker will remain in the home so that the children have less of a disruption to their life. Depending on the circumstances in the situation, sometimes both spouses move out. Sometimes couples choose to live together until the divorce is finalized as well. Before you make any decisions about your living conditions, it is important that you understand your options and consider the potential consequences of each option available.

A lot of couples that choose to get a divorce – especially the ones that have children living in the home – choose to keep one spouse in the home that they shared and the other one moves out. Deciding who gets to stay and who has to go can be very difficult. For most couples, their home is their most valuable asset, and moving out of it can feel like handing ownership of the home over to the other spouse. But, it is important to remember that ownership of the home will not be definite until property division has been a negotiation in your divorce settlement or decided in court.

A great way to decide who will stay in the home can be based on finances. Did one spouse own the home before you were married? If so, maybe that spouse will choose to remain there while the other moves out. If one spouse stays home with children, it may be best to allow that spouse to remain in the family home.

If you are the one that has chosen to move out then you could consider having this as a fresh start in your life. You’re no longer in the home that you were in during your marriage and you do not have to be reminded of the bad times you had. Leaving your home can be a hard thing to do but it can also help you move forward with the next chapter in your life.

It is very uncommon for a couple to stay living in the house together, but sometimes this is the case. There are a few reasons that a couple could decide to do this. One of the main reasons are children, by living together it makes it easier to have both parents be active in the child’s day. Another reason is to save money until the divorce is final. Divorce can sometimes be very costly depending on how you go about it. You have to now figure out how you can pay all separate bills that you were once paying together and that can be a hard feat to take on in the beginning stages of a divorce.

Although uncommon, there are a few spouses who chose to remain in the marital home together during the divorce. Couples may choose to do this for several reasons. If they have children, especially young children, it can be much less stressful on the kids if both parents remain in their lives on a daily basis. By living together, it is easier for both parents to remain active participants in their children’s lives.

Some spouses might choose to live together to save money during their divorce. When one spouse moves out, living expenses rise for both spouses. Rather than having a joint income to maintain the family home, it might fall more predominantly on one spouse, while the other will have to contend with a new rental fee for their new residence. Sometimes spouses might even continue to live together until their home is sold, which could happen before or after the divorce is finalized.

All this being said, there are also legal considerations which will impact how assets can be split up later.  If you are at the point where the decision is made, then speaking to a qualified family law attorney in Las Vegas is critical.  Just because something seems easier or logical to you relationally, it isn’t always advised legally. We like to get the details of your case so we can advise you on what is in the best interest of your future.  Call today to start working with us.

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