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If I Move Out of Our Home During Divorce, Will I Be Charged With Child Abandonment?

DuPage County Family Law Attorneys Detail Concerns Related to Moving Out During Divorce

When you decide to get a divorce, or if your spouse informs you of their intention to file for divorce, you will confront many concerns you likely never considered before. This includes child custody and visitation, spousal maintenance, child support, and the division of marital property.

Perhaps the most immediate issue to address is what will happen to your living situation. Should you move out of your residence? Should your spouse move out? What are the ramifications?


At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the difficult situations and decisions that arise as part of the divorce process, especially in the beginning. Leaving your home is one of the most impactful choices involved .

Who Should Move Out During Divorce?

Living under the same roof with your soon-to-be ex-spouse is often not the best course of action. Even in a collaborative divorce, there are many trying days ahead, and disagreements can severely affect the household and your children. After you speak with a divorce attorney, if you are on reasonable terms with your spouse, you can attempt to decide together what the optimal decision is for everyone involved.

Leaving the residence does not mean you have abandoned your children. Family law judges understand maintaining separate residences can spare children from the arguments and acrimony that commonly result from divorce.

A skilled divorce lawyer can help you create a parenting plan that addresses your new living arrangement and a parenting schedule for the time leading up to the finalization of your divorce decree.

Contact a DuPage County Divorce Lawyer

Divorce is one of the most stressful situations an individual can endure, and deciding which spouse should move out can compound that difficulty. Do not move until you speak to a Wheaton, IL divorce attorney. Contact MKFM Law at 630-665-7300 for a free consultation.

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250 W. River Drive, Unit 2A
St. Charles, IL 60174
630-665-7300
Evening and weekend hours by appointment.

From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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