Moving Out or Staying In

Deciding whether to move out of your house during a divorce is a complex choice, and it’s often best approached with careful consideration of both legal and practical factors. Moving out can have implications on your finances, custody arrangements, and even the final division of marital property. Here are some key factors to consider before making a decision:

1. Impact on Child Custody and Parenting Time

If you have children, staying in the home can help maintain stability for them, which courts tend to view favorably. In many cases, the parent who stays in the family home may have an advantage in establishing a primary custody arrangement, as it helps maintain continuity in the children’s routine.

Moving out without a clear, agreed-upon custody arrangement can also lead to complications later, as it may be seen as abandoning your role as the primary caretaker.

2. Financial Considerations

Maintaining two households can be financially challenging, especially if you’re still covering expenses for the marital home while also paying rent elsewhere. Moving out can sometimes strain finances, particularly if spousal or child support hasn’t been settled.

Additionally, by staying in the home, you may avoid the expense of a second residence while working on a settlement that will determine who will keep or sell the home.

3. Property Division Implications

Virginia courts view the marital home as marital property regardless of who stays in it, and both spouses still have rights to its value. However, if you leave, your spouse may seek to remain there as part of the divorce settlement, so it’s essential to discuss potential outcomes with your attorney.

By remaining in the home, you may be better positioned to negotiate or protect your interest in the property.

4. Protecting Your Rights and Safety

In cases where staying in the home may create an unsafe or hostile environment, particularly if domestic violence or high conflict is involved, it’s advisable to prioritize safety and consult your attorney about options.

In certain cases, you may be able to obtain exclusive possession of the home, allowing you to stay while asking your spouse to leave. Alternatively, moving out temporarily while preserving your legal rights through a written agreement or court order can be another solution.

5. Documenting Your Decision

If you do decide to move out, document everything clearly and ensure any decisions regarding custody or finances are put in writing to protect your rights. Discuss this decision with your attorney to avoid unintentional consequences.

Speak with an Attorney

Deciding whether to move out is a significant choice, and every case is unique. At SMITH | ASHCRAFT, we can help you evaluate your options and understand the possible impacts of moving out. 

Contact us to discuss your situation and learn how we can support you through this transition.