March 9, 2016 By Paul Wallin

If you are going through a divorce, you will often find yourself wishing that time would move faster. The legal process can be lengthy, and the hurt that you experience can leave you with the urge to quickly leave the marital house so that you can avoid awkward moments with your soon-to-be ex-spouse.

In many situations, though, this urge should be ignored. Moving out of your marital home before your divorce is finalized could create serious problems that affect your divorce case. While it may seem like a good idea in the moment, finding a way to remain in your marital home may be the right move for you.

The Economic Ramifications of Moving Out

California is a community property state, which means that any assets accumulated during the course of your marriage are considered property owned by both spouses. This may make you think that moving out will not cause any financial problems for you during a divorce, but this would be a mistake.

If you are the primary economic earner during the marriage, moving out of the home may result in you having to pay for two different living arrangements. Once you decide to leave, you will have to pay to stay somewhere new. Along with that, a court may make a “status quo order” requiring you to continue paying the household bills that you made before leaving.[1]

Paying for two places to live could be devastating and can make it that much more difficult to pay for legal fees and basic necessities during a divorce.

Moving Out Can Cause Issues with Child Custody

While it may seem like moving out would protect children from having to experience any arguments between you and your spouse, it could make things much harder when it comes time to establishing child custody.

If you leave the marital home, you risk being unable to establish the kind of regular visitation that will help you remain a custodial parent. In California, a family law court is not allowed to consider one parent’s absence or relocation from the home when determining child custody, so long as the absence was of a short duration and was accompanied by efforts to maintain contact with the child.

However, leaving the home can make it difficult to establish the kind of contact required by the courts to qualify for the “temporary absence” exception. Leaving may exacerbate tensions between spouses and create hostility when it comes to coordinating visitation while the divorce and custody issues are ongoing.[2] Remaining in the marital home, or establishing a temporary parenting plan may be the only way to avoid these complications.

Speak to a Wallin & Klarich Family Law Attorney Today

If you are going through a divorce or custody case, you need an experienced family lawyer who will fight for you. At Wallin & Klarich, our skilled family law attorneys have been successfully representing our clients in divorce and custody matters for over 30 years. We can help you, too.

With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, an experienced Wallin & Klarich attorney can help you no matter where you work or live.

Call us at (888) 749-7428 for a free telephone consultation. We will get through this together.

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