We are often asked by our clients “what impact does moving out of the family home have in a California divorce?” While this is a complex question and specific advice cannot be given in this context without meeting with an experienced Carlsbad divorce attorney we can review general principles.
For many years, the party who left the family home suffered disadvantages during the divorce process in California. The best scenario is to have a written agreement in place regarding many specific issues such as:
Child custody, parenting time and child support – you do not want to add the potential of the argument of “abandonment” into your divorce process. If there are children the concept of the family home and everyone under a single roof is a crucial picture in the mind of a child. Parents should give much consideration to the best interests of their children, and it this would include the impact of moving out of the family home without careful deliberation and planning.
Community property – when was the house purchased? If you brought the home into the marriage you shouldn’t consider leaving it. If the house was purchased during the marriage there are complex isssues relating to the division of community property and the associated equity. Discussions regarding the disposition of the family home can be much more difficult on the party who has already left.
When considering moving out of the family home during a divorce it is best to seek not only a written agreement between the parties, but an order from the court recognizing that agreement. This avoids the use of children and the “continuation of the status quo” as leverage against what is in your best interests and personal goals regarding the outcomes in your divorce.
Finally there is an issue of money. Supporting two households in North County San Diego is quite expensive. There are issues regarding child custody and residing in the same school district and the ability to support ongoing extra-curricular activities, religious practices and healthcare needs.
Before you consider moving out of the family home in a North County or Carlsbad divorce you should have a conversation with one of the seasoned attorneys at Burke & Domercq. We invite you to contact us or call 760-434-3330 to schedule an appointment to discuss your unique circumstances and how to handle this crucial decision.