Can I move out of the marital home before the divorce is final?
Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide
Yes, you can move out of the marital home before the divorce is final, but there are important things to consider before making that decision:
Legal Implications of Moving Out
Abandonment Claims: In some states, if you leave the home, your spouse could claim you "abandoned" the property or the family. This is rare, but it’s good to be aware.
Custody Impact: If you have children and move out without them, it may affect custody decisions. Courts often favor the parent who maintains stability for the children.
Financial Responsibility: You may still be responsible for mortgage payments, utilities, and maintenance, even if you’re not living there.
Protect Your Rights Before Leaving
Document Everything: Take photos, videos, and inventory of belongings and property conditions.
Secure Important Documents: Collect copies of financial records, IDs, birth certificates, and anything legal.
Discuss Temporary Arrangements: If possible, work out a temporary agreement about finances, parenting schedules, and home access.
Temporary Orders Can Help
If you’re worried about your rights or financial responsibilities, you can request temporary court orders for:
Custody and visitation while separated
Temporary spousal or child support
Exclusive use of the marital home
Safety First
If you’re leaving because of safety concerns (domestic violence, emotional abuse), you should prioritize your well-being.
You may be eligible for a restraining order and temporary housing assistance.
Do Not Assume Property Rights Are Lost
Simply moving out does not mean you lose your rights to the home.
Ownership and division are determined during the divorce process, not by who is living there.
Example Scenario:
If you move out to stay with family or friends during the divorce, make sure to document your departure, maintain involvement with your children, and continue contributing to shared expenses if required. If you are concerned about custody, consider requesting a temporary parenting plan through the court.
Get more info with The Divorce Guide →
Looking for more guidance and/or got more questions? Find the support you need with out Expert Guide!