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Who Moves Out in a Divorce and When?

On Behalf of | Apr 22, 2019 | Divorce

Who moves out in a divorce and when should you move out?  The question of when to move out of the family home during the course of a North County San Diego divorce, or if you should can actually be legally quite complex.  Well intentioned people may think they are saving each other and the children from endless arguing and tension filled environment.  However, moving out of the family home may place you in a disadvantage if the Court is to resolve parenting time and child custody questions as well as property division.

The experienced divorce attorneys at Burke & Domercq can provide sound counsel as to whom should consider moving out and when.  Generally speaking, it is best to have an agreement in writing regarding child custody and visitation or parenting time prior to moving out.   If the parties cannot agree on a parenting plan mediation can be an economical and timely alternative.  The reality is Courts often favor the parent who remained in the family home with the kids when it comes to child custody and property division.

There are times such as domestic violence when it may be important to take the kids and move out.  This can be viewed by the Court as a valid attempt to protect the children, but it may also be viewed in the same light as relocating with the children in an attempt to manipulate access for the other parent.

There are other issues surrounding who moves out in a divorce and when this should occur.  The “date of separation” will affect the time frame associated with your divorce, but the day you move out can also greatly affect how you are treated by the court when it comes to time with your kids and obligations such as support.  California law has evolved recently on what constitutes the “date of separation” and it is an important ingredient in this equation.

The decision of who moves out in a divorce and when should be carefully considered and based upon the advice of seasoned local divorce attorneys.  If you are struggling with the decision to move out it is important to contact us or call 760-389-3927 to schedule an appointment with one of our attorneys.