Deciding whether to move out of the house during a divorce can be challenging. This choice can significantly affect your divorce proceedings in Michigan, particularly regarding child custody and property division.
Considerations before moving out
Before you decide to move out, consider the following factors:
- Child custody: Moving out can affect your custody arrangement if you have children. Courts often look at the stability of the child’s living situation when making custody decisions. Staying in the family home can show your commitment to supporting a stable environment for your children.
- Property division: Michigan follows equitable distribution, meaning the state allocates property fairly but not equally. Moving out might affect your claim to the family home or other marital assets.
- Financial effects: Maintaining two households can be expensive. Consider whether you can afford to live separately while meeting your financial obligations.
These factors can significantly influence your decision to stay or move out during divorce.
Legal effects of moving out
Moving out of the marital home does not mean losing your property rights. However, it can complicate matters. Here are some legal effects to consider:
- Abandonment claims: Your spouse might claim you abandoned the family, which could affect custody and property division.
- Temporary orders: You may need to request temporary orders for child support, spousal support or exclusive use of the marital home.
Understanding these legal effects can help you make an informed decision.
Steps to Take if You Decide to Move Out
If you decide that moving out is the best option, follow these steps to protect your interests:
- Document everything: Keep records of all communications and agreements with your spouse about the move.
- Secure important documents: Take copies of financial records, legal documents and personal items.
- Consult your attorney: Discuss your decision with your attorney to understand the potential impact on your case.
These steps can help ensure a smoother transition and protect your rights during the divorce process.
Deciding whether to move out of the house during a divorce in Michigan requires careful consideration of various factors. By understanding the potential effects and taking the necessary precautions, you can make the best decision for your situation.