Marisa No assists clients with family law matters including divorce, paternity, child custody, child support, spousal maintenance, guardianship, and adoption.
For many divorcing parties, the end of the marriage comes long before the divorce papers are filed. Spouses looking to separate prior to filing may find themselves wondering whether it’s wise to leave the marital home before seeking a divorce. There are potential consequences to moving out that you need to consider.
Retaining an experienced family law attorney can help you decide what is best for you and your family during this season of change. Connect today with the Kansas City law firm of Joseph, Hollander & Craft.
Should You Move Out Before Filing for Divorce?
The decision to move out prior to filing for divorce can be tempting. Well before court papers are filed, both spouses have likely realized that divorce is on the horizon. There are many reasons that either of them may want to leave the marital residence, such as a desire for peace or to begin a new chapter of life.
But before you decide to move out, it’s important to discuss the matter with a Kansas City divorce lawyer. Your lawyer can help you weigh the benefits and drawbacks of leaving your home and how it could affect your pending divorce matter.
What Happens If You Move Out of the Marital Home?
Moving out of the marital home could have consequences for several issues that will arise later in your divorce, including:
- Reduced parenting involvement: If the parent who leaves the home will have less daily interaction with their child, this may allow the parent who stayed in the home to argue that they have played a more significant role in raising the child, which strengthens their custody argument.
- Ongoing financial obligations: The bills for the home, including the mortgage and utilities, don’t go away just because you leave. A judge may order you to pay temporary support so your spouse can meet these obligations.
- Establishment of a status quo: A pattern may emerge early in the separation period with respect to both spouses and their relationship to each other and their children.
Does Moving Out Mean You Give Up Rights to the House?
Moving out does not typically negate a spouse’s right to ownership of the marital home, since it will be considered marital property subject to an equitable distribution. But it may affect your rights in other ways:
Courts may consider, as one factor, who is maintaining the property, and who is paying the mortgage, taxes, and utilities. If one party allows the property to fall into a state of disrepair, or fails to timely make payments, there may be detrimental impacts to their ability to argue that the property should be set aside to them.
Courts will also consider ability to afford to maintain the residence by oneself. If one party cannot afford to refinance the marital home, or to pay for the mortgage with their salary alone, for example, then setting aside the home to that party may not necessarily be feasible. A family law attorney can help you better understand how the court may view your unique situation.
If you desire to either keep the marital residence or to use it as leverage in divorce negotiations, don’t leave it without talking to a lawyer first.
What About “Abandonment” in Kansas or Missouri?
Kansas and Missouri are no-fault divorce states, so the issue of abandonment does not directly affect a spouse’s right to divorce and does not preclude a party from arguing that they have some interest in either the ownership of, or equity in, a marital home.
Who Pays the Bills After One Spouse Moves Out?
Although the spouse who stays in the marital home may initially pay the mortgage, utilities, and other bills to avoid foreclosure and related problems, this could quickly change. That spouse may go to court and ask for an order requiring the spouse who left to be responsible for these obligations. The spouse who leaves may have to pay for two separate residences: their new one and the one they left behind.
When It Makes Sense to Move Out Before the Divorce Process Is Final
While the above reasons are examples of how moving out can hurt a spouse, there are times when leaving is more reasonable than staying. Some examples include:
- High conflict: If your spouse is making life unbearable, then for your own well-being you may look to leave.
- Abuse and violence: Spouses who are being abused or subjected to domestic violence in the marital home may have to leave for their safety.
- Career opportunities: Moving out may be necessary for you to take a job offer or advance your career.
- Both spouses want it: The spouses may mutually agree for one to stay and one to leave the marital residence. If this is possible, consider speaking with an attorney about entering a separation agreement, which can resolve matters of distribution of assets and debts, spousal support, and more.
How to Protect Yourself Before Moving Out
Before moving out during divorce, it’s important to understand how the court process may affect your finances and custody arrangements in the early stages of your divorce case. Courts may enter temporary court orders governing parenting time, child support, use of the marital home, and responsibility for ongoing expenses. These temporary decisions can influence the direction of the case moving forward.
- Document everything: Make copies of documents related to your mortgage, utilities, bank accounts, and other financial matters, such as: bank statements, tax returns, mortgage records, retirement account information, insurance documents, and other records related to marital assets or debts.
- Hire an attorney: Speak with a Kansas City family lawyer before you make a decision. The right attorney will explain more about your options and any possible repercussions for leaving versus staying, based on your specific case.
- Speak with your attorney about whether you should continue paying certain household expenses after moving out. Courts may expect one or both spouses to continue paying the mortgage, utilities, insurance premiums, or child-related expenses until a final agreement or court order is entered. Making informed decisions early can help you avoid unnecessary financial and legal complications later in your case.
Speak With a Kansas City Divorce Lawyer Before Moving Out
Divorce is never easy, and each decision you make can have lasting consequences. Make an informed choice about leaving the marital home and other issues by speaking with a knowledgeable divorce attorney. Reach out to Joseph, Hollander & Craft today. Our firm has offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita.
