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Does One of the Parties Have to Move Out Before a Divorce?

On Behalf of | Aug 2, 2020 | Divorce

Does one of the parties have to move out before a divorce in Carlsbad or anywhere North County?  If you are planning to file a divorce in Carlsbad, Encinitas, Rancho Santa Fe or at the North County family law courts in Vista it is not necessary to worry about moving out. Due to a recent change in California law both parties are able to remain in the home if they so choose until the divorce is completed.

It may be too difficult to remain under the same roof for some couples during a divorce. However, moving out may have ramifications upon everything from child custody and parenting time to property division and support. It may surprise you to know there have been cases where the party who remained in the home had to relinquish some of their community property (cash) to offset the benefit of remaining in the home throughout the divorce.

This is why it is important to work with the experienced divorce attorneys at Burke & Domercq. After decades of representing Carlsbad and North County clients before our local family law courts, our attorneys provide insight based on extensive experience and sound counsel in these matters.

In some cases, a “show cause” filing may be requested by one of the former spouses asking for possession of the residence. This may be granted if domestic violence or abuse has occurred or if one of the parties is presently under a restraining order.

There is a lot to consider as you plan to separate households and prepare for a divorce. The additional expenses, taking care of the children, work and school schedules and managing extra-curricular activities must all be weighed before making a final decision on the matter.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.  Get the answers to your questions including whether one of the parties must move out of the family home.