Wife Moved Out Before Divorce
A spouse may be tempted to move out of the house they share with the other spouse when their love for each other is no longer present. While moving out may be justifiable to you for a variety of reasons, there may be ramifications that could make your future divorce more difficult. You should talk to an experienced divorce attorney when your wife moves out of the home before the divorce.
Why Moving Out Could Hurt Your Case
Moving On Before Divorce Is Final
The spouse that is thinking of moving out has to consider the financial side and the custody of their children before they move out. The marital home is the most crucial asset for most families. Both spouses own the marital home as long as it was bought when they were married.
They both have a share in the value of their home and both their names appear on the deed of the mortgage. But when your wife moves out prematurely she risks financial complications. If your wife was the person paying most of the marital bills, the court may order her to continue paying those bills depending on your state.
That means your wife will have to pay bills for her new place and for your marital home. So, it is better to negotiate with your wife and come up with an arrangement where you can continue living together while still separated.
The Children Will Be Negatively Impacted
Spouse Moves Out Of State Before Divorce
It may be hard for the children when their mother moves out depending on the kind of relationship they hard with her. Moving out means the mother will have less interaction with the children. In some states, a family court can order a placement schedule to ensure that the party moving from the residence spends adequate time with the children.
This ensures that one party spends most of the time with the kids or the parents compete on who gets to do what with the children. An official schedule can prevent confusion. You can agree on a temporary parenting plan with your wife if your state does not provide any legal tools to deal with the situation.
With no official schedule, your wife may be at a disadvantage when you are fighting for custody during a divorce. Your lawyer may argue that moving out before the divorce means that your wife was neglecting or abandoning the children, and may lead to you getting custody.
That means that she will have to pay child support. She may also not get equal custody if the house she moved to does not have enough space for the children. That may force her to get a bigger apartment increasing the expenses she has to pay.
Talk To An Experienced Divorce Attorney
Should I Leave The House Before Divorce
You need to talk to an experienced attorney to help you get the financial support you need if your wife was the one paying all the bills before she moved out. Your lawyer can also help you ensure you get the necessary support for the children from your spouse.
Attorney Daryl Longworth is a family law attorney licensed by the State Bar of Texas. He is the senior attorney at The Longworth Law Firm in Houston, Texas. Mr. Longworth is a graduate of the University of Houston Law Center. Prior to becoming a licensed attorney focusing on divorce law and family law in Texas, Mr. Longworth was a police officer for the Houston Police Department.