If parties are living in an extremely contentious environment with a high likelihood of domestic violence erupting, it is better if one party moves out of the house to “lower the temperature” and to avoid the much more serious problem of domestic violence. If there is little to no likelihood of domestic violence, but just discomfort, the parties must consider the finances before moving out. Are two households affordable at this time? If the marital home is owned, usually it is sold or refinanced as part of the divorce, but it must continue to be maintained until a final resolution of this house issue, sometimes at the end of the case.
There is a concept of “abandonment” that people fear when considering moving out. One can move out during a divorce, if it makes sense, but still continue to be financially and parentally responsible without abandonment. Each case is truly unique. The above circumstances in no way describe all the facts necessary to consider when moving out. Definitely talk it over with your lawyer before making the move.
Tanya Helfand is the founder of Helfand & Associates. A New Jersey law firm in Whippany, New Jersey. At Helfand & Associates, they believe mediation or negotiation should be used first to avoid costly litigation but are willing to go to trial to protect your interest. Tanya is a Certified Attorney through the Supreme Court of New Jersey.