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
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
A good divorce lawyer helps you with more than just legal paperwork. They can also answer real-life questions about your next steps. For example, they can help you decide when to move out, how much rent you can afford, or if you should sign a new lease right now.
An experienced lawyer has seen hundreds of different situations, so they know what works and what causes problems. Family and friends want to help, but a lawyer gives you clear, neutral advice based on the law. Taking time to find the right lawyer will make the entire process much easier for you.
Ready to Figure Out Your Next Steps?
Deciding whether to stay in your home or move out is a big choice, but you do not have to make it alone. Contact Modern Law today at (480) 690-2348 or email us at info@mymodernlaw.com to schedule a consultation with an experienced family law attorney who can guide you through every step.
