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. These may include 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 can arise as part of the divorce process, especially in the beginning. Leaving your home is one of the most impactful choices involved. We can advise you of how to address this situation and how to make the decision that will protect your rights and interests as you go about the process of legally dissolving your marriage.

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 likely to be many trying days ahead, and disagreements can severely affect the household and your children. You may struggle to remain civil, and you may worry about exposing your children to conflict. 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 that maintaining separate residences can spare children from the arguments and acrimony that commonly result from divorce. However, you should also be aware that moving out of your home without making arrangements ahead of time could result in unforeseen consequences. If your spouse will have exclusive possession of the home during your divorce, you may struggle to determine how ownership of the home should be handled going forward. Your spouse may also argue that they should be able to keep certain items in your home, such as furniture, appliances, or kitchen utensils. You may also continue to be responsible for paying various household expenses, such as mortgage payments and utilities, while also covering the costs of housing for yourself.

A skilled divorce lawyer can help you understand the consequences of moving out of your home, and they can advise you on the best steps to take to protect yourself and resolve disputes during your divorce. They can also work with you to create a parenting plan that addresses your new living arrangements and ensures that you will be able to spend parenting time with your children in your new home.

Contact a DuPage County Divorce Lawyer

Divorce is one of the most stressful situations a person can endure, and deciding which spouse should move out of the family home can compound that difficulty. Do not move until you speak to a Wheaton, IL divorce attorney. Contact our firm at 630-665-7300 for an Initial Attorney Meeting.