Couples preparing for divorce are no longer required by law to physically separate in order to establish the date of separation. Many still choose to do so. What are the issues to consider when one of the spouses moves out during a divorce?
Moving out of the family home before the separation agreement is completed and signed by both parties can have an impact on a Jefferson County or Louisville divorce in important ways.
In a recent case the former wife was ordered to pay her former husband for the exclusive use of the home during the divorce.
There may also be issues with child custody and child support if one moves out of the family home. The party remaining in the home often attempts to assert that the spouse who moved out “abandoned the children and is not fit to co-parent.”
Marital property remaining in the home can also become a contentious issue. Questions may arise about the valuation of an asset or its condition. In some cases the asset may be “lost.” If it is absolutely necessary to move out of the family home we often recommend for our clients to take extensive video of the house and all contents and assets. If there is any documentation associated with an item or asset you wish to protect make sure you have copies before moving out.
There are many issues to consider when one of the spouses moves out during a divorce. This is why it is important to contact the experienced Louisville and Jefferson County divorce and family law attorneys at Dodd & Dodd.
We have represented clients before Jefferson County and Louisville Family Court for decades, and this experience provides valuable insight for our clients as we advise and counsel them regarding their unique circumstances, goals and objectives.
We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
