Should I Move Out Of My House During My Divorce

Many men going through a contested divorce will ask me should they move out because they can't stand living in the same house. Usually my advice is that they should hang in there as long as there are no issues of domestic violence leading to an Order of Protection.

As uncomfortable as it is to stay in the same house and live in separate bedrooms and sometimes even that is not possible, I encourage men to stay for several reasons.

The first is the financial aspect of moving out. I ask, can you afford to move out and pay rent or expenses for your new place and still contribute to expenses of the house? If your wife is working and self-supporting or if the client has lots of money then the decision is easier. Keep in mind that the Court might still make you contribute to the mortgage, taxes & insurance because you are preserving a marital asset. So even if your spouse works, if you make significantly more you might still have to contribute.

Second, if you move out and have unemancipated children you will be expected to pay child support, so of course this becomes a financial consideration.

Third, if you move out and have children under 18, you will need to coordinate a parenting schedule so that you can see your children with regularity. When you are living at home, you can see them as much and as often as you want. Your moving out essentially grants temporary residential custody to the other parent.

Finally, if you move out and if it is the type of case where the house needs to be sold your spouse may slow the process down because she is in the house and you are not, you are paying some or all of the expenses and now there is no pressing desire to make her good deal come to a faster conclusion.

Father's Rights are important and need to be protected. If you are facing this situation, I urge you to speak to a matrimonial attorney to get good advice tailored to your particular situation.

Steven P. Kuhn, Attorney at Law
Suffolk County Divorce Lawyer
Located at
5225 Route 347, Building 6, Suite 36
Port Jefferson Station, NY 11776.
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Phone: (631) 629-6874
Phone: (631) 928-7700
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