can i move out of my home before my divorce is final?

Question Details: im miserable living in the same house with my soon to be ex spouse. mainly because of that person. what i want to know is.. is there a law saying that i cannot move out of my home before the divorce is final without having problems? thankyou

Asked 8/13/2009 under Divorce, Marriage, Alimony | 2158 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

David Slater / Answered 2 years ago | Contributor This attorney is licensed in Florida

You can move out any time you want. Whether you can take things from the house is a different issue.

Joanna Mitchell / Joanna Mitchell & Associates, P.A. Answered 2 years ago | Contributor This attorney is licensed in Florida

There is no law that says you cannot move out of the house. However, any personal property that you took with you would have to be agreed to, other than your own personal items. However, if you want to keep the house, it is suggested that you not move out, as it is easier to keep someone in the house, generally speaking, than move someone back in. Also, if you have children, you may or may not be able to take them with you, unless he agrees.

My office offers free telephone consultations if you would like to discuss your matter and your potential rights and options in more detail.

You can move out, but I can't promise you that it won't cause you problems.  There are a number of possible issues, the worst of which would be if you move in with someone else, because that can compromise your ability to get alimony and in an extreme case, in some states, could affect your property settlement if it looks like you are committing adultery.  One way around this is a settlement agreement with the soon-to-be-ex-spouse;  once that's written up and signed, the court proceeding just ends the marriage, and you can pretty much do as you please, if properly worded.

I'd very strongly recommend that you talk to a local divorce lawyer, before you do anything.  Know your options, and what each one of them means.

You can certainly move out  of the house but unless you work out the terms of that prior to moving, you may be giving up a lot of leverage in settling this action. First of all, you need to make sure that moving out will not be taken as abandonment. Also, you need to be assured that you will either being given some money after leaving if appropriate or at least you will not be asked to contribute to the carrying charges of the marital premises while the divorce is pending. If you are in the midst of a divorce now, have your attorney try and work out a temporary arrangement which allows you to leave. This can be submitted to the court and will be without prejudice against either party. Since it is done in court under the auspices of a Judge it will not be used against you later. If you do not have the terms of your vacatur worked out, do not do it regardless if you have the legal right to or not.

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