It depends on your circumstances, needs and goals. If you or your child is in any immediate danger by staying in the home, then, yes, moving out ASAP is strongly advised.
If, however, you need to know how moving out of the marital home could impact your interests in it and your impending divorce case, keep reading – or simply contact a trusted Portland divorce attorney at Helzer & Cromar, LLP today.
Moving Out in Divorce: The Facts
When it comes to moving out of the marital home during divorce, it’s generally important to understand that moving out:
- Can impact custody issues – For example, if custody is a point of dispute, an ex’s lawyer may have room to argue that the move out of the marital home constituted an abandonment of the children and family. While it may be possible to counter that by pointing out that moving out may have been in the children’s best interest (in that the move has prevented them from being exposed to any/more fighting), the bottom line is that the move can become an issue in a custody dispute.
- May limit future access to items in the home – If the move out of the marital home happens in haste, it’s far more likely that the partner who has vacated the home may leave something behind, may forget to take certain important documents with him or her, etc. And when stuff has been left behind in the marital home, it can be challenging to gain access to it later.
- Will not necessarily affect your interests in the home – In other words, just because you move out of the marital home does not mean that you relinquish any rights to the home when it’s time to divide up the marital property in divorce. Similarly, your moving out doesn’t preclude you from being awarded the home in the divorce and moving back in at a future point. If, however, your ex is staying in the marital home with your children and you move out, it may be difficult for you to get the home in the divorce (as courts are inclined to limit major changes to children’s lives, so they may be inclined to award the home to your ex who has remained in the home with the children).
If You Do Move Out, Do These Things First…
- Look at your expenses and figure out if you can afford it – Moving out in haste can exacerbate financial stresses during divorce, so make sure it’s financially feasible before packing up and getting out.
- Make copies of your important financial documents – These may include the mortgage documents, vehicle loans and/or title documents, bank/credit card statements, retirement account statements, insurance policy documents, etc. As part of this process, it can also be helpful to develop a detailed inventory of the marital assets. Having these items ready before you take the next step can facilitate the process.
- Consult an attorney – This is essential if you are serious about protecting your rights and interests through divorce and realizing the best possible outcomes from it.
Contact a Portland Divorce Attorney at Helzer & Cromar, LLP
For exceptional representation in an Oregon divorce case, contact a Portland divorce attorney at Helzer & Cromar, LLP by calling (503) 608-7851 or (866) 930-2812 or by emailing us via the contact form on this page.
The attorneys at Helzer & Cromar provide the highest quality legal services to clients in Portland and Beaverton, as well as throughout the state of Oregon.