What Happens If I Move Out of the Family Home?


When couples file for divorce, it is not uncommon for one spouse to move out of the family home to limit conflict and make the divorce process much easier. Although who remains in the house during the divorce process is not a relevant factor in property division, leaving the home can have a negative impact on several divorce-related issues. 

Child Custody 

If you and your soon-to-be-ex-spouse share children together, the parent to remains in the home will inherently spend more time with the kids, which can ruin your chance to obtain primary custody or even visitation. To avoid a hotly contested custody dispute, you and your spouse can create a written parenting agreement prior to moving out, establishing a shared parenting schedule, and agreeing that the parent who leaves the home will still have custody rights. 

If you and the other parent cannot come to an agreement, you must ask the court to establish a parenting plan. A judge will consider the best interests of the child in order to decide on custody arrangements. 


If you are the higher-earning spouse and you plan to move out of the marital home, keep in mind that you will still be responsible for paying the mortgage, utilities, and other bills associated with the house. This means if find a new place, you may have to pay two sets of bills – on top of legal expenses and other costs associated with the divorce. 

Other Issues 

Perhaps you plan to stay with family members or friends during the divorce process to avoid spending money on another home or an apartment. However, if there isn’t enough room for your kids, then you won’t be able to exercise overnight stays and, harm your chances of obtaining equal custody. Therefore, you could also end up paying child support during the proceedings. 

If you are interested in filing for a divorce in Irvine, contact The Neshanian Law Firm, Inc today at (949) 577-7935 to schedule a consultation. Ready to protect your rights and best interests! 

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