October 15, 2015
It depends on your situation and what you want out of your divorce case. Below is a more in-depth answer regarding when it is usually better to stay in the marital home versus move out during a divorce case.
When It Is Not a Good Idea to Move Out
When you have children and custody has not yet been determined – Moving out in this situation can be used against you later (by an ex’s lawyer, for instance) to try to make it seem like you do not care about spending time with your children. This can be a sticking point during custody battles. So, if you have kids and it will be up to the court to award custody, staying the marital home is usually the better option because it can help protect your interests in a future custody case.
- When you want to retain the home as part of your divorce settlement – If keeping the home is something you will want to fight for in divorce, then again, it’s better for you to stay. Not moving out will affirm your interests in retaining the home later.
- When you can’t afford to move out and cover your portion of the household bills – If you are currently responsible for paying some portion of the household bills, you may have to continue doing so even if you move out of the home during the divorce case. So, if you really want to move out and set up your own space, crunch the numbers first to make sure you can cover the costs. This can help you avoid putting yourself under additional financial strain as you work on resolving your divorce.
When to Leave the Marital Home
- When abuse or domestic violence is an issue – Regardless of whether you want to keep the home, if you or your children’s safety is at risk because of any type of abuse, leave. Your interests in the home won’t be compromised if you left because of abuse.
- When you don’t care about keeping the home – It’s not in everyone’s best interests to try to fight for the marital home. For instance, when debt may be an issue, people may want to use the marital home as a negotiation tool, giving up their interests in it in exchange for something else. Alternatively, for older couples getting divorced, not fighting for the marital home may be a better decision, considering future property tax costs, as well as home maintenance costs. So, if you don’t want to keep the home, there may be no reason to stay there while you are getting divorce.
- When your emotional health will be seriously compromised by staying – If, ultimately, trying to live under the same roof as an ex will be too emotionally stressful, draining or toxic for you, then, of course, move out and put yourself in a healthy environment.
The bottom line: stay if you can and if will protect your interests in a future divorce case; leave if you won’t be safe at home or if you are not concerned about keeping the home and/or getting custody later.
Ready for Specific, Helpful Divorce Advice? Contact a Littleton Divorce Attorney at Bahr, Kreidle & Flicker
To find out more about your best options for moving forward with a divorce case, contact a Littleton divorce attorney at Bahr, Kreidle & Flicker. Since 1983 we have been aggressively advocating our clients’ rights to help them successfully resolve their family legal issues.
Set up a meeting with one of our lawyers and get experienced advice regarding your best options for keeping your divorce costs low by calling (303) 794-7422 or by emailing us using the form on this page.
From our law offices in Littleton, we represent clients throughout Colorado, including in the Denver Metro Area, Arapahoe County, Adams County, Jefferson County and the cities of Lakewood, Highlands Ranch, Lone Tree, Castle Rock, Westminster, Centennial and Aurora.