Should I Leave the Martial Home?

Should I Leave the Martial Home?

The reality is this: divorce is stressful, but continuing to live with a spouse while in the midst of divorce can elevate the situation into the realm of nightmare. Close quarters add fuel to arguments, increasing the chance one or both parties will file domestic violence complaints, further complicating the process. Oftentimes, court orders assigning possession of a bedroom or other room to a certain spouse will be sought and issued.

Finances are a key factor in the decision to move, of course. Not all couples can immediately afford to establish separate residencies. There’s also the question of what happens to the children. By leaving the marital home, you may risk losing primary custody, at least on a temporary basis until the court can make its final decision. Another factor to consider is the loss of control over possessions left behind. In an ideal world, all your possessions would stay right where you left them, awaiting the court’s decision about who gets what. Unfortunately, this is not an ideal world.

A final option, particularly if there are children involved, is called “nesting” where partners will alternate time in the home (ex: the wife lives at home week 1, husband has week 2, then back to the wife week 3, and so on).

With everything at stake and all the options to weigh, it’s incredibly important to consult first with your attorney before making the move out of the marital home.