What Do I Risk if I Move Out Before My New Jersey Divorce is Finalized?

The decision to get divorced is never easy. It is not only emotionally tasking; it also involves financial and practical considerations. One of the toughest questions you may be asking is if leaving your marital home before the divorce is finalized could put you at any risk. If you are considering moving out, it is essential to understand how the decision might impact issues like child custody, spousal support, and property division. However, keep in mind that every situation is unique, and the specifics of your case will ultimately determine if moving out is the right choice.

Factors to Consider Before Moving Out

When contemplating whether to move out before your New Jersey divorce is finalized, it is essential to weigh the potential legal and financial implications. Here’s how moving out could affect your case:

Child Custody Concerns

Moving out can impact your ability to maintain custody of your children. While moving out may protect your children from the tension and stress of constant conflicts with your partner, it could negatively impact your case in the long run, as it may result in spending less time with your children. Courts in New Jersey prioritize consistency and stability for children, and moving out disrupts this consistency, which may jeopardize the chances of being awarded more time with the kids. To safeguard your rights, ensure you have an interim parenting plan in place before moving out. If you’re facing domestic violence, prioritize your safety and consult an attorney to develop a custody arrangement.

Possession of the Home

If your name is on the deed or the mortgage, you don’t have to leave your marital home unless ordered by the court. If you leave voluntarily, your spouse may request exclusive possession of the house, preventing you from returning to the house until the divorce is finalized. However, if your safety or that of the children is at risk, you can file a motion to have your abusive spouse removed from the home. It is advisable to consult with a lawyer to understand your options before making any move.

Financial Implications

Another factor to consider before moving out is how taking that step will impact your finances. If you are the breadwinner, leaving the house means managing two households on the same income. You might still be required to contribute to household expenses, such as mortgage payments or utility bills, even after you move out. Additionally ,temporary support orders could require you to pay spousal or child support. Therefore, it’s crucial to assess your financial position before deciding to leave.

Alimony Considerations

The court considers several factors when determining spousal support, including each spouse’s financial situation and contributions to the marriage. If you are seeking alimony but have left the marital home and demonstrated that you can manage financially on your own, this might reduce your chances of being awarded spousal support.

If you choose to move out, take proactive measures to protect your rights, including ensuring you have copies of essential documents such as tax returns, bank statements, and property deeds, and an inventory of your personal belongings to protect your interests in property division later on. Also, ensure you set up a new mailing address to avoid missing important notices.

Contact a New Jersey Divorce Lawyer

If you’re navigating a divorce in New Jersey and are unsure of your next steps, contact our experienced New Jersey family law attorney at The Trabosh Law Firm today to schedule a consultation.

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