ASK THE LAWYER: Can leaving problems arise before divorce?

Depending on where you live, children, and the circumstances of the divorce, you or your soon-to-be spouse may consider moving out of the shared home before the divorce is finalized.

Leaving the house may seem like the best thing to do to avoid any further conflict, but could not leaving before the divorce cause problems?

How Moving Out After Divorce Affects You

Most married couples own their home, and in many cases, it is their greatest asset. If a partner leaves the home before the divorce is finalized, it can lead to problems with the court ruling on your divorce in terms of property division, child support, and court support payments. , and more.

Divorce is final, so it’s important to weigh the pros and cons of leaving before you decide to take that important step.

The Impact of Your Child Protection Claim

Not only will it reduce parenting time with your children, but being away may affect your child’s crying. If the children continue to spend most or all of their time in the family home, or if the moving partner is unable to provide adequate living arrangements for the child, then the court to give weight to the claim of the partner who stayed. in the marriage house.

If there is not an equal division of custody between both parents or the parents do not agree on a temporary parenting plan for the duration of the divorce, this can lead to expensive child support. and childcare.

The Impact on Your Financial & Asset Values

The home is generally considered a marital asset subject to equitable distribution, and its value is generally divided equally with any other marital asset. It is possible to leave the apartment that affects the equal sharing, but every case is different, and there are many other aspects that can be considered by the court.

In New York State, if a partner leaves the marital home without an agreement, the court can issue an order requiring the partner who left the marital home to contribute to household expenses. , including the home mortgage. This can lead to a very difficult financial situation for the partner who moved out early, as they will now have two sets of bills to pay.

How Paperwork Affects Your Chances

Most divorces can be very contentious, and it is not unheard of for one partner to deny access to, damage, or destroy the other partner’s property or important documents. Also, when it comes to an emotional breakup, papers are probably the last thing on your mind. Note, however, that divorce depends on all kinds of data, including:

• Bank Statement;

• Insurance policies;

• Credit and loan history;

• Retirement savings account; and

• Other personal documents & money.

Moving out early may mean losing access to those documents, and your partner may destroy or remove records from the marital home, making your situation even more difficult. You may also still receive postcards, such as information sheets, at the wedding venue, which would otherwise be difficult to find. The same goes for any other personal item: clothing, jewelry, furniture, electronics, tools, etc.

Write a list of the couple’s personal belongings, including furniture, appliances, and anything else that is most important. Take pictures of everything and have your partner sign the list, if possible. Only take small personal items with you when you leave, such as clothes and jewelry, unless a prior agreement has been made.

Safety and security are paramount, so if there are concerns about domestic violence, it’s best to play it safe. If your partner’s behavior is dangerous or violent, be safe and call the police immediately. You can worry about how the divorce will affect you later, if you and the children are safe.

The Impact of Your Spousal Support Payments

If you are the primary source of income for the family, you may have to continue to pay all or part of the marital home fees even after you leave. If you and your partner can’t agree on a temporary solution about financial responsibilities, you can ask the court to make that decision by issuing a spousal support order It is financially viable for both partners.

Domestic Violence in the Home

Safety and security are paramount, so if there are concerns about domestic violence, it’s best to play it safe. Get yourself and your children to safety if your partner’s behavior is dangerous, violent, destructive, or includes drug or alcohol problems. Leaving the marital home during the divorce will not affect your right to an equitable distribution of the marital home.

Is Moving Out The Right Choice For You?

Moving abroad during a divorce is a big decision, so if you have any concerns, it may be advisable to consult with your family law attorney. They can advise you on any preparations you need to make before walking out the door, which can save you a lot of money and trouble down the line. Schedule a consultation or contact us today to find out how our expert team at Tully Rinckey can help!

For many years, Michael Belsky has been fighting for the rights of spouses, parents, and grandparents in almost every aspect of family and marriage law. As a Partner at Tully Rinckey PLLC, Michael provides representation in matters related to divorce, parental separation, separation agreement, annulment, child support, child support, child support modification and child support, divorce enforcement, spousal support, pre and postnuptial agreements, orders of protection and family crimes. He can be reached at (866)-264-0142 or

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