Why Smart Divorcing Couples Stay in the Same House During Divorce

IL divorce lawyerAlthough it may be difficult to remain in the same home as the spouse, you are separated from or divorcing with, leaving the house is among the most disastrous decisions anyone makes during the divorce. Once you go, there is no guarantee that you will ever make it back into the home, or that your items will be there and in one piece once you get back. Here are of the leading reasons why you should not leave your home if you are facing divorce.

Custody Complications

If you leave home, and you leave the children behind, that is a genuine possibility that you will have “points deducted” when it comes to both property division and parenting time arrangements. Any spouse who chooses to walk away from home puts themselves in the unfortunate position of being an outsider in the family. Being the outsider is not a secure vantage point during divorce. Think of it from the judge’s point of view: they must do what is in the best interest of the children, and in many cases, the children do better if as little as possible changes. When children remain in the home, they have the same school, same friends, and the same bedroom. Before you leave the house and the children, protect yourself and secure temporary parenting time agreement for your case.

Property Concerns

If you leave home, your spouse has total control of the property. Although you both have joint interests, once the locks change, court orders will become necessary to enter the home again. Unless you gather your personal belongings with you at the time you leave, you must entrust all of your belongings with your spouse. If you need to go but cannot take your items with you, you should make an inventory of all of your articles and photograph the ones of high importance.

Financial Issues

If you move out of the house, can you afford to support the cost to run two homes on the same shared income you had during the marriage? If not, it may not be a wise financial choice to leave. Even if you go, you are still expected to continue paying for the household expenses. In return, you may have a lower standard of living.

Contact an Attorney

If you are in the middle of a divorce, a Hinsdale divorce attorney can advise you of the best actions to protect your interests. The attorneys at the Law Office of Martoccio & Martoccio have helped families for the last 35 years get the results they need. Find out how we can help you. Call us today at 630-920-8855 to schedule your free initial consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=3700000&SeqEnd=5200000

https://www.forbes.com/sites/jefflanders/2013/06/11/should-you-move-out-of-the-marital-home-learn-from-divorce-attorneys-not-the-tabloids/

 

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