Who Moves Out When A Divorce Is Filed?

Posted By Max Soni, Uncategorized On October 2, 2017

There is no clear cut answer for who is supposed to move out of a jointly owned home during a divorce. It is natural that the person filing may feel the instinct to move out first to cut down on conflict and tension, but this isn’t always what happens. When both spouses own a home together, it can be difficult to know who should move out of a home that they are both making payments on. Things can get very nasty very quickly unless good attorneys are there to sort through the mess.

Who should move?
Despite the fact that it might seem “fair” for the person who is filing for divorce to move out first, in fact that’s not always the way it happens and it’s definitely not in their best interests to do so. Moving out of the home before the divorce is final might cut down on fighting and discomfort for both spouses but it can be detrimental to the party who moves out. This is especially true if it’s the main earner who moves out.

Depending on what state you’re living in, a state can issue a “status quo order” that makes the main earner continue paying the bills on the house even IF they’re the one that has moved out. You don’t have to read that twice to figure out just how much this could hurt a primary earner who will not only move out and lose possession of the home but also be required to continue paying all the bills on the house as if they lived there.

Since the home is the biggest asset in the majority of divorces, it’s something that neither party should necessarily leave before everything is settled and both parties can reach an agreement as to who keeps the home and who will pay the bills on that home. Much of the time, good attorneys can hash the details out in a divorce agreement to the satisfaction of both parties. If one party moves out, though, this can be increasingly difficult to do, especially if the primary earner moves out first.

Neither party is required to leave the home automatically and both can stay until the divorce is final UNLESS there is another intervening issue (for example, domestic violence accusations or restraining orders) that prevents both parties from living under one roof. While lawyers for both parties will mediate and try to find agreement between both parties, it’s best to stay in the home in the interests of finances until the divorce is final. Once again, there are many reasons that one party or even both may decide to leave the home and in some cases it’s unavoidable. If one spouse has a restraining order against them, obviously they can’t stay in the same place as the other spouse.

Unless it is absolutely necessary to move out or you simply have no interest in keeping possession of the home, it’s best to remain in the home until the divorce is final. Nine times out of ten, it’s the courts who will determine who moves out first or who will remain in the home. Barring drastic circumstances, such as a history of domestic violence, sometimes couples can remain in the home together while they hash out their differences with lawyers.

Why is my divorce taking so long to move forward?

Making the decision to end a bad marriage can be tough. Once you have finally made the decision to do so and have taken the steps to get a divorce, you are probably ready for things to be handled as quickly as possible. After all, while your divorce is still going on, you might feel as if your life is in a bit of a limbo. You’re probably hoping that you can focus on moving on and being happy once the divorce is finalized, and if things are taking a long time, you could be wondering what you can do to speed up the process.
The length of time that a divorce takes can depend on a lot of things. These are some of the things that can cause it to take a while for your divorce to move forward.

Not Waiting Out the Separation Period

Depending on the state that you live in, you and your spouse might be required to be separated for a certain length of time before you can get a divorce. You will need to find out what this separation period is in your state; in many cases, it is one year. You may also need some documentation that proves that you and your spouse are separated, such as a legal separation agreement.

Not Turning in the Proper Paperwork

You may need to turn in a host of paperwork related to your divorce. This paperwork will need to be filled out accurately and thoroughly and will need to be turned in to the courts. Sometimes, dealing with all of the paperwork for a divorce can be a pain, so you may want to work with a lawyer who is experienced in dealing with this process and who can help you ensure that you do it the right way the first time. After all, if it takes time for you to get your paperwork turned in or if your paperwork is not filled out thoroughly or accurately, it can just hold up the process of your divorce for that much longer.

Disputing the Divorce Petition

If you or your spouse dispute any aspect of your divorce petition, it can cause things to slow to a halt. For example, if you were the one who filed the divorce petition, your spouse could dispute the grounds of the divorce if he or she does not think that they are accurate. Then, the courts might look further into the matter before granting the divorce.

As you can see, there are various things that can cause a divorce case to take a long time. If you are looking to get your divorce case finished as quickly as possible, it’s a good idea to work with a lawyer. Then, he or she can help you ensure that everything is done properly the first time around, which can help you get your case handled more quickly. Plus, your lawyer can help you through the entire process to help you ensure that your rights are respected and that you get everything that you are entitled to. Even if you have already gotten started with your divorce filing, it’s probably not too late to seek legal counsel, so consider meeting with a good divorce lawyer in your area to find out more.