“My spouse and I are not getting along and I am planning to move out of the house we bought 10 years ago. Is moving out a wise thing to do?”
In general, I do not advocate moving out of the house unless there is some kind of written agreement signed between the parties. Once you move out of the house, the odds of your getting back in short of a court order are very small. If there has been no domestic violence between the parties, it is not likely the court will exclude you from the home. My personal feeling is that moving out of the home is a significant bargaining chip and should not be given away without some concession by your spouse.
Robert C. Howard, partner of Jekel, Howard & Thomson, LLP, has practiced family law in Arizona for more than 35 years, with concentration on prenuptual agreements, divorce, paternity, and post-decree modification matters.