When a divorce is filed, the couple often begins the process while living together in the same home. The question then for many is whether or not this is sustainable.
The reality is that like anything else, there really are no black and white answers. Every case is different and every circumstance is different. Thus, it’s vital for parties to speak to an attorney about their particular situation.
However, in a general sense, there are some factors that most parties ought to at least consider:
1.) Can the parties peacefully live together in the same home during the divorce? If they can, then perhaps it’s possible to stay in the same home. But if there are arguments, fighting and any signs of domestic violence, then one party should almost always move out.
2.) Can the parties afford two residences? In some divorce actions, there are enough money and assets for the parties to pay for two residences. But in other cases, money is extremely tight. There might be debts and other obligations. Further, there might not be any arguing, fighting or domestic violence. In these cases, maybe the parties can stay in the same home while the divorce is pending.
3.) When there are kids involved in the divorce, bickering and fighting can have an adverse impact on the children from an emotional and psychological standpoint. Thus, in many of these cases, it makes sense for one party to move out for the benefit of the children.
4.) What are the goals as to child custody and can an agreement be reached as to custody and visitation in conjunction with one party moving out? Some would argue that if one parent moves out and leaves the children predominately with the other parent, it can impact that parent’s custody and visitation time in the end. In some ways, this can be true where there is a pattern established of the children spending more time with one parent or the other. But where a temporary visitation plan is put in play in conjunction with one party moving out, that concern can often be negated. Further, where there is fighting, arguing and worries about domestic violence, and concerns that the police may be called, that can often hurt a custody case much worse than one party moving out in the interests of peace.
5.) Some judges can be leery of granting a divorce where the parties are still residing in the same residence. They might believe that the marriage is not irretrievably broken and savable if they are still living in the same home. This can be true even where emotional separation is enough legally in certain states to grant a divorce. Thus, for parties who want a divorce, one party might have to move so that the judge grants the divorce. In this regard, it is important for a party to speak to a lawyer who is licensed and competent to practice law in their jurisdiction.
At the end of the day, deciding whether to stay in the home during a divorce, or one party moving out, is a big decision. It’s important for parties to consider this thoroughly and discuss it with an attorney.
