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Man moving out after getting a divorce

When to Move Out During a Divorce

Divorce forces a lot of hard choices. For many, one of those choices is when to move out of the family home. If there are safety issues, like threats of domestic violence or child abuse, it’s always wise to move out ASAP. In absence of those issues, the best time to move out will depend on several factors, including:

  1. Your financial situation
  2. Whether children are involved in the divorce
  3. Whether you want the house
  4. How long the divorce will last
  5. Your mental health & wellbeing

Here’s a closer look at each of these factors and what you need to consider when you’re trying to figure out if you should stay or move out of the family home during a divorce.

Should I Stay or Should I Move Out During Divorce? 5 Factors to Consider

Moving out can seem like the best option. It certainly means you’ll see your ex less, and it often reduces conflict between divorcing parties. However, once you leave the family home during a divorce, it’s usually not easy or possible to move back in. So, don’t move out without thinking about these things first.

1. Your Financial Situation

If you move out, you’re going to have to pay for a new place to live, as well as the costs to move there. If you’re the breadwinner and your ex is staying in the family home, you may also have to pay for:

  • Some or all of your ex’s living expenses
  • Temporary spousal support while your case proceeds

That can create a huge financial drain that some people don’t want to—or can’t afford to—take on during divorce.

2. Whether Children Are Involved in the Divorce

It’s usually in children’s best interests to stay in the family home while a divorce happens (again, as long as there are no safety issues). It can minimize the potential disruptions to children’s lives.

If you move out of the house and the children stay there with the other parent, you could get less time with your kids as the divorce goes forward. You may even be making a case for your ex to argue that they are the main caregiver who should get primary or sole custody.

3. Whether You Want the House

Homes are often some of the most valuable assets that divorcing couples own. When it’s time to decide who will get the home in a divorce, the party living in it and/or maintaining it can have a bigger claim to the home than a party who doesn’t reside in it or who hasn’t been helping to maintain it. So, if you do want the house as part of the division of the marital property, staying in it can help you preserve your interests.

Keep in mind, however, that if the other spouse does end up getting the house in the divorce, (s)he will likely need to buy out your interest in it or somehow compromise on other aspects of how the marital property split (so that the division is, ultimately, equitable).

4. How Long the Divorce Will Last

Most divorce cases aren’t wrapped up overnight. They often take some time to work out the issues. For those who choose to move out of a family home as the process moves forward, that can mean limited (or no) access to items in the home during the divorce. If those items are financial documents or marital property, there could be additional complications, delays, or challenges in a divorce case.

5. Your Mental Health & Wellbeing

How healthy is it for you to live in the same quarters as your ex? How soon do you want to get the next chapter of your life going? Although there can be some advantages to staying in a family home during divorce, don’t forget to consider the potential costs to your mental health and happiness.

How Can I Get More Answers About Colorado Divorce?

Contact an experienced divorce lawyer at The Cossitt Law Firm, LLC. We offer confidential consultations, and we are ready to help you now.

Call (970) 488-1887 or email our firm for a 100% confidential consultation. Phone and Skype consultations are available!

At The Cossitt Law Firm, LLC, our divorce lawyers know how much can be on the line when it’s time to end your marriage. We also know how challenging it can be to make some of the big, tough decisions as your divorce case moves forward. That’s why we are proud to be here for those filing for divorce. We are exceptionally effective advocates known for tirelessly advancing our clients’ interests in divorce cases. Find out more about how we can help you by calling or emailing our firm today.


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Fort Collins Divorce & Child Support Attorneys

Tom Cossitt

Tom Cossitt, Esq.

Family Law
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Suzanne Ewy, Esq.

Family Law
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Carla Jaquess, Esq.

Family Law
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Lisa Vigil, Esq.

Family Law
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