Family Matters.
When It Really Matters.

When to Consider Moving Out in a Carlsbad Divorce

On Behalf of | Apr 17, 2021 | Divorce

Are you wondering when to consider moving out in a Carlsbad divorce and when not to?  Once the former spouses have come to the decision to divorce one of the next questions which often arises is “who is going to move out?”  This is actually quite complex from a legal perspective.

The first and perhaps most important question associated with when to consider moving out in a Carlsbad divorce is do you have children?  The parent who moves out during the process of a divorce risks genuine legal damage to their position in child custody and parenting time negotiations, mediation and litigation.

The decision to move out is often considered as a negative consequence by the Court from the perspective of child custody and parenting time.  If one of the potential co-parents wishes to move out at some point during the divorce process they should make sure to have a written and properly executed agreement with the spouse who will remain in the family home.

This agreement should form the basis for how time with each child will be divided between the co-parents during the course of the divorce and in the months and years which follow.  Financial issues such as child support and spousal support must often be considered as part of this agreement.

This is why it is important to work with the experienced Certified Family Law Specialists at Burke & Domercq.  Each situation is unique.  We provide sound advice and counsel to either party in this scenario to protect the interests of our clients as well as the best interests of the children.

Moving out may also place a financial burden on either or both of the former spouses.

From the perspective of the division of assets and liabilities it is wise to make sure the party moving out of the family residence has organized copies of all important paperwork, statements, tax returns and retirement data for the past 2 to 3 years.  Once the move occurs, it may be much more challenging to obtain important information relating to assets and debts.

The issues surrounding the question of when to consider moving out in a Carlsbad divorce should be carefully considered and a strategy should be in place prior to the move.

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.