If you live with an abusive spouse or partner, now is the time to go. Better yet, get the abusive spouse or partner out of the house. For those who live with their estranged spouse and are dying to leave, it may be best to keep your emotions in check to arrive at a smart decision that will benefit you in the long run post-divorce, such as remaining in the marital home.
(1) Financial and Legal Stress
It is no fun living with someone you dislike. While it may be stressful, the stress that comes with financing two households may override it. Supporting one household is a lot less overwhelming. If you plan to move out, an are in need of interim support while the divorce litigation is pending, your experienced matrimonial attorney can help you file the appropriate application with the Court to get the support you need.
Along with the appealing idea of moving out comes an array of legal issues. Legal issues, such who should pay for insurance, taxes, and mortgage, will hound you. These legalities are time-consuming and emotionally crippling. The question of who gets credit for over or underpayment of expenses associated with the house is another matter. Again, the answers to these questions can be addressed with your attorney by filing the appropriate application with the Court and while attempting to finalize and settle your divorce matter.
(2) Parenting Agreement
Co-parenting and a set parenting time schedule are essential to parenting apart. Not only will this minimize any potential disagreements between you and your spouse, it will provide consistency and clarity for your children. Before you decide to relocate outside of the marital home, it is important to consider if you will be able to afford suitable accommodations for your child so that parenting time may continue as agreed upon.
(3) Financial Assessment and Property Claims
While still at home, take matters into your own hands. Rather than ask for it during litigation, start getting a copy of all assets, debt, and income information that is accessible and available. File all information neatly in a safe place, so it will be handy during the discovery process. It is may be necessary to scan this information so you have a back up copy in case the originals are mis-placed. It is important to have as much evidence as possible to support your claims.
(4) Guard Your Privacy. Stay Low-Key.
If you are faced with issues of abuse or domestic violence, you should consider getting a post-office box. Apply for a change of address with the post-office as soon as possible, if you do not want your spouse to know where you live. If you apply for a Temporary Restraining Order and are granted a Final Restraining Order, your spouse will be prohibited from contacting you. However, it is always good to take precautions.
Do not decide to move out of the house in one sitting. Do not let your emotions get in the way of making smart and practical decisions that will affect how you transition from estrangement or separation to divorce. Plan every step of your way and your attorney will be there to provide guidance at every step. Furthermore, do not gamble with your money by getting a lease on a new home or buying a new car, before you are actually able to afford it. It is of primary importance to consult a licensed and trusted divorce lawyer.
