A common question asked when someone is facing divorce is whether or not they need to move out of the home. Typically, there is no requirement to do so. Assuming that both the husband and wife can continue to cohabitate amicably in the family home during the divorce, then there is no reason to move out of the home. In some situations, if the parties are hostile toward each other to the extent that it is determinantal to the children or unsafe to the parties, or in the situation of domestic violence, then the court can require one party to move out during the divorce case.

There are pros and cons to the decision of a voluntary move during the divorce. One benefit of moving into a new residence is increased privacy since the other spouse will not have access to the residence or be on the lease. One detriment to moving out is the cost and the challenge of dividing the cost of two homes. Moving out also creates the need for a temporary parenting plan to govern where and how often each parent will see the children.

Moving out of the home does not mean the court cannot allocate the home to you in the event the case is not settled and there is a trial on who gets what property. However, if a person does move out and is in a new lease, it is one factor that the court can consider in allocating the marital property.

The decision to move out of the marital residence during a divorce is a difficult one and should be done after speaking with a qualified family law attorney on the topic. To contact Attorney Nicole Vette, call 561-531-9132 or email