Should I Move Out of the Marital Home Before a Divorce?

One of the most common questions asked by individuals thinking about during a divorce in Florida is how the marital home should be handled.

Although the final division of marital property will illuminate your options with the house, it’s likely that you do not want to wait until a decree has been handed down to make your decision.

You might already be thinking about moving out of the house that you currently share with your spouse in Florida. This can allow you to get your independent footing in your own life and avoid a lot of unnecessary tension and emotions.

In fact, moving out of the house may be one of your biggest concerns in a Florida divorce. However, before you begin packing your belongings to head out of the house, consider these major issues.

Think About Whether It Really Makes More Sense for You to Leave Right Now

There are several reasons why you may want to reconsider staying in the marital home at least temporarily.

First of all, if you do have concerns about the property and the belongings inside the home, staying gives you a greater sense of control over what happens inside.

You might be concerned, for example, that your spouse may damage the property and make it more difficult to sell the property later on. You may also want to preserve some of the property that’s inside the house.

If you do leave the property, there’s also the possibility that you could still be responsible for paying some of the expenses associated with the home like utilities and a mortgage payment.

While your divorce is pending, a Florida judge may attempt to maintain your current split of expenses meaning that however you and your spouse have divided expenses that were being paid prior to filing for divorce, this could continue.

It is also more difficult to try to get possession of the marital home at the conclusion of your divorce if you decide to leave before filing for divorce altogether.

Make Sure You Document Expensive Property and Assets

It is very common for divorcing spouses in Florida to argue over the value of items inside the home. Pictures can help you to put together an inventory of all the property that needs to be divided.

After you move out of the home, you might forget about certain pieces of property and this may mean an inaccurate division of all of the assets. Pictures and a written inventory can be invaluable in this particular circumstance.

Make sure you keep an extra copy of this information filed with your Florida divorce attorney.

If your former spouse tries to lie about assets inside the home, your inventory may become very important in the division of property. It’s much better to be organized and have this information with you.

Also Read : 5 Common Financial Conflicts in a Divorce

Keep Copies of All Essential Documents

Especially as it comes to financial information, you need details about all the debts and assets. Making copies of all of your important documents should be done whether or not you stay in the house or not.

Some examples, include credit card statements, pay stubs for you and your spouse, tax returns, partnership agreements, bank statements, titles, or property deeds.

Select Your New Location with Children in Mind

If you do have children in the marriage it is important to consider carefully where you will select your new property.

For example, if you want to have overnight visitation with your children during the week, you want to make sure that you are close enough to the children’s school to make it easy to transport them there on your own.

If you move to another school district, however, then there is a chance that the children would have to change schools and add additional commute time for you to get them to school.

It is much easier if you think about the long game if you are going to leave the house.

Hire an Attorney Immediately

You need to be well-informed about your rights when choosing to leave the home. That’s why it’s imperative you identify a Florida divorce attorney as soon as you make the decision to end the marriage.

Speaking with an attorney first can help you avoid some of the most common mistakes made by people in your situation. Do you think divorce is the next step for you, but you’re not sure what to expect?

Check out this blog: 5 Helpful Things to Know About Florida Family and Divorce Law