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FAQ Videos

If I Leave My Spouse and Move Out of Our Marital Home, Will I be Accused of Abandoning the Marriage or My Children?

DuPage County Family Law Attorneys Answer Questions Related to Moving Out of the Marital Home

When you and your spouse determine that the dissolution of your marriage is in the best interests of all parties, it is reasonable to assume that one spouse will move out. This is especially relevant if tensions have been high or if there have been several disagreements. Deciding which spouse should move out of the family home can be emotional. When and where you decide to move can have a big impact on your divorce, especially if you and your spouse have children.



You may want to leave as soon as possible if your relationship with your spouse is not amicable. However, you will want to know how that will affect your parenting rights and parenting time and if moving out of the family home equates to abandoning your children.


At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the difficult decisions you need to make, especially if your relationship is rocky. It is vital to speak with your attorney before you move out – even if you intend the move to be temporary.

When Should You Move Out During a Divorce?

Continuing to live with your spouse in the family home during a divorce can be chaotic, especially if there is constant bickering. Disagreements can affect not only your mental and emotional health, but they can affect your children as well. If you are struggling to remain amicable, speak with your divorce attorney and get the guidance you need.

Moving out of the home does not necessarily mean that you abandon your marriage or your children, but it can allow your spouse an opportunity to be designated as the primary residential parent. If your spouse and children remain in the family home, you may have a harder time when the courts begin the process of allocating parental responsibilities.

Even if you do not have children, do not move out of the marital home without first speaking with your divorce attorney. Moving out during the divorce can affect childless couples as well. For instance, if you were the higher-earning spouse and left, you may be required to continue to pay the bills under a status quo ante order. This could result in financial strain as you pay for a new residence for yourself and continue to pay the bills of the marital residence.

An experienced family law attorney can guide you through the details – such as when to move out – as you work through the divorce process.

Contact Our Wheaton IL Law Office

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand that navigating through a divorce can be overwhelming. As family and divorce attorneys, we are experienced in advising couples through these difficult periods.

For more advice, please contact us for an initial consultation. Call 630-665-7300 to speak with our Wheaton IL attorneys. Our office is conveniently located in Wheaton, Illinois, and we represent clients throughout DuPage, Kendall, and Kane counties.


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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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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree