Should You Live Together Pending a Divorce?
One of the questions that come up quite often when a couple is going through a divorce is whether they should continue living together pending the divorce. What should you do? When should you move out? Should you stay in the house? Should you ask the other party to move out? Should you talk to the court? Should you actually live together during divorce? The answer to these types of questions will vary.
Should You Stay in the Home?
Often, it is better financially if a couple lives together while the divorce is pending. It can help them to save a substantial amount of money since they won’t have to be paying more in rent or the mortgage. This could be very helpful when you are trying to plan for your finances when the divorce is final.
It can also make it easier for things like commuting to and from work and picking up the kids and taking them places rather than needing to get a new home. There are a lot of benefits if you find that it’s possible to stay in the same home as your ex while going through the divorce.
Sometimes, Staying is Impossible
However, even though it might be a good option financially, the reality of the situation is often much different. When a couple is breaking up, it is often very difficult to stay in the same house as one another. A lot of times, it won’t be possible because there will be too much tension and anger in the household. It will not be good for your emotional state. Depending on the nature of the breakup and what causes the divorce, it might be impossible.
It could also be harder on the kids if you have children. Having them in a household where the parents are angry and going through a divorce can cause more trauma and stress.
If you are in a situation where you no longer feel as though you can share the same space, you have to make a decision. Are you going to move out? If you do, will that hurt your chances of getting custody or getting the marital home? Should you ask the other person to move out? In Arizona, there’s some good news when it comes to custody. The state prefers to provide both parents with equal parenting time with their children. This means that moving out will not affect your custody.
However, the worry about keeping the house long-term if you move out is a problem that could come up. Typically, when you move out of the marital home, one of two things will happen. First, your spouse might decide to keep the property. Second, the home might be sold and the profits divided.
If you can’t stay together in the same home because you can’t get along, then one of you will have to leave. You could leave on your own, or your spouse could choose to leave. You might want to file a motion for temporary orders and ask for the exclusive use of the house.
However, these temporary orders are not often given. The judge will look at the motion, and if there’s no domestic violence or similar problems and you’ve shared a house for a long period, they will not grant one person exclusive use. It’s important to keep in mind that just because the orders are not given very often, it doesn’t mean that they don’t happen. It will be something to consider if you feel you deserve exclusive use of the home. It’s also something to watch out for if you believe your ex-spouse might file this motion.
It’s Better if You Work Together
If you and your ex can work together to come up with an arrangement that works well for you, then it might be possible to stay together in the home while going through a divorce. However, it could be a good idea to set up some type of agreement with one another and to have certain rules that you have to follow if you are going to live together through divorce. Ideally, you will be capable of staying under the same roof, but it’s rarely possible.
Be Prepared to Move
If you are going through a divorce, it’s always in your best interest to make sure that you have an idea of where you can go and live if the need arises. You might have friends and family that have an extra room where you can stay if needed. You might need to think about getting a studio or one-bedroom apartment that you can afford.
Regardless, it’s always better to have a plan, even if you feel that you can live in the same house without too much conflict. This way, you will not feel obligated to put up with issues caused by your ex who thinks that you are relying on staying in the home. If you have a plan, you can breathe a bit easier.
Talk with an Attorney
Your attorney will provide you with a lot of guidance when it comes to all of the legal maneuverings that need to be done during the divorce. However, they can also provide you with advice on practical matters that you might be facing. This could include things such as when you should move out, how you should move out, how much you should spend, whether you should sign a lease, whether you should immediately try to buy a house, etc.
A good divorce attorney is a fountain of knowledge on which you can rely. This is because they’ve seen so many different cases over the years. They can provide you with some advice and insight that you might not get when you are talking with other members of your support system, such as your family and friends. Take the time to find an attorney that has experience in the field and who can help you through each step of your divorce.
