Should I, May I, Leave My Home

Should I, May I, Leave The Home During Onset of a Dissolution of Marriage
Heather Byrd, Byrd Law Firm, Sarasota, Florida

Often one of the primary questions clients ask when they are at the onset of a dissolution of marriage proceeding is “Should I leave the home?” “May I leave the home?” And of course, every divorce case is very fact specific.

So, I can’t tell you for certain whether this applies to you, but I can give you some generalities. Often, the clients are concerned it would be treated as abandonment, whether it’s the abandonment of their children or abandonment of their home if they want their home in the final dissolution settlement.

That’s a misconception. There is no such thing as abandonment. We all understand that it would be very difficult to live in a home while going through a divorce with your spouse. And it is possible to move out of the home, but you usually have to have certain things set up in place.

If you have children, you want to make sure that you can work out a parenting plan, even if it’s a very temporary time-sharing schedule with your kids so that if you are going to relocate out of the home, you have some arrangements in place to make sure that you are going to have appropriate and sufficient time with your children. So, I recommend addressing that with your spouse before making any decisions about relocating out of the home.

Financially, you have to really sit down with your spouse and look at the budget. Can you afford it? Honestly, it can be very difficult for parties to figure out a way to maintain two households with the same amount of income they had while maintaining one household. So, you really have to analyze whether it’s financially feasible. You don’t want to put yourself in a bigger hole while going through your divorce.

But if you are able to address those issues calmly and appropriately with your spouse, I would recommend you put something in writing so that you have an understanding that you can lean on if and when one of you elects to move out of the home.

It can be a very trying situation. We all understand that. And if you need counsel on how to make that step, come to that next step, and come see us at the Byrd Law Firm.

All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The Sarasota Attorneys disclaim any and all liability resulting from reliance upon such information.  You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.