If you’re considering divorce, you might think that moving out is the best way to start afresh. However, there are legal matters to consider before you commit to this approach.
If you leave your marital home, you’re not just changing your address. You’re potentially giving up important legal ground that could affect your divorce outcome proceedings. As such, there is a lot at stake.
Property rights and equitable distribution
Your marital property is subjected to an equitable distribution principle during a divorce in Pennsylvania. Moving out doesn’t mean you’ve given up your claim to the house, but it can make it harder to prove your right to stay there long-term. When deciding what to do with the house, the courts decide who lives in the house. By staying, you maintain a stronger position in negotiations over the property’s future.
For instance, suppose a couple, Sarah and John, are divorcing after 15 years of marriage. Their home, valued at $300,000, is among their most significant asset. If Sarah moves out prematurely, John could argue that he’s been maintaining the property and should, therefore, receive a larger share in the division. By staying, Sarah preserves her claim and negotiating power.
Child custody and best interests
Leaving your children behind could significantly hurt your chances for primary custody in the Keystone State. The state courts care most about what’s best for the child, which may include staying in their usual homes and routines. Therefore, if you move away, it might look like the other parent is better at caring for the child, which in turn could make it harder for you to get custody.
Financial burden
The state law requires that both spouses continue to meet their financial obligations during their separation period. As such, moving out doesn’t alleviate your financial responsibilities to the marital home. Instead, you might end up paying for two households: your new place and possibly still contributing to the marital home’s expenses. This double financial burden can strain your resources and complicate the eventual division of assets and debts.
The decision to move out during a divorce might sound like a quick fix, but it comes with significant legal and emotional implications. While there may be circumstances wherein moving out is necessary or advisable, it’s still important to have an understanding of the potential consequences before taking this step. Thankfully, a knowledgeable legal team can help you navigate the nuances surrounding the state divorce law and the unique issues at hand.