Family Law, Divorce, Custody and Child Support Attorneys in Colorado Springs, Colorado

When to Move out of the Marital Home

Making the decision to move out of the marital home is a very difficult decision to make in the beginning of the dissolution process. It is a decision that should be discussed with an attorney because it could affect several issues of your case, including maintenance, child support, parenting time, and most importantly who stays in the marital home during the process and after the dissolution.

If you have children, moving out of the marital home could adversely affect the amount of parenting time you receive with your children.    In most cases, the children will stay in the marital home throughout the process of the dissolution.   If you move out, than you will be the one that has to make sure their new home has adequate accommodations and you are able to transport them to and from their daily activities, if they are to stay the night at your new home.    While dividing your family into two homes is inevitable, it is not necessarily in your best interest to move out until a parenting plan is in place.

When and if you decide to move out, make sure you find a place that is adequate for your children and for yourself.   If you decide to find a cheap place, just because it is cheap, then the Court may determine that is all you need for rent in the long run and this could adversly affect the amount of money you keep of your own paycheck for your living expenses and could provide an avenue for your ex to get more money for maintenance.    Maintenance is calculated by your spouses need and your ability to pay, if you lower your bills by renting a cheap place it could be costly in the long run.

Consult with an attorney before you move out, because once you move out it is extremely difficult to get back in, in most cases.   Your spouse will have a difficult time getting an Order from a Court to have you removed from the marital home, but if you move out your spouse may change the locks and it may be an uphill battle to move back into the marital home.

The decision to move out of the marital home divides your one family home into a two family home, which is difficult both from an emotional standpoint if there are children and is always difficult regarding the financial situation. In most cases, prior to the divorce families are just getting by, and now you are going to have to financially pay for two separate households. It is very difficult, but in most cases, one party has to move out to make the process go smoother, and eventually the inevitable will come.    But what is most important, is that you know how your decision to move out will impact not only the near future but also the process of the divorce and long term commitments to your spouse and children.

It is a difficult decision and one that should be made with the advice of an attorney.