Who Should Move out of the Marital Home During Divorce?

House Photo
What to consider when it comes to moving out of the marital home during divorce

It depends on the details of the situation. When it comes to staying in versus vacating the marital home during divorce, some of the major questions to answer will be:

  • Is moving out necessary for at least one party? – Can the divorcing couple live together civilly? Is anyone in danger by remaining in the marital home? Or is anyone’s mental health being compromised by staying in the marital home? Although divorcing couples may be eager to separate from their ex, it’s important to consider whether there is an actually need to move out (versus just the desire to live separately). This is because, while moving out can come with some financial burdens, it may also have some impacts on people’s interests in the divorce case.
  • Are children involved? – If a divorcing couple has children, whether or not moving out of the marital home is a good idea will involve considering whether the children’s health and wellbeing will be impacted by staying. For instance, will the children be exposed to fighting and more stress if the couple lives together through divorce?
  • Is it financially feasible for one party to move out? – Divorce can be an expensive process, especially when couples disagree about a lot of issues. Moving out and setting up a new residence will only add to those costs. So, if it’s not going to be financially feasible to live apart while a divorce is pending, it’s important to be aware of this before making the move and sabotaging your financial future.
Moving out of the Marital Home in Divorce: More Important Info
  • Interests in the marital home – In general, moving out the marital home will not mean that someone relinquishes his interests in the home. In other words, moving out doesn’t mean that someone has given up his or her entitlement to some share of the marital home. What may occur, however, is the loss of the right to return to the marital home during the divorce, especially if the other partner secures a protective or restraining order.
  • Interests in child custody matters – In some situations, moving out the marital home may affect a parent’s interest in custody disputes. This is because it may be possible to argue that moving out indicates a lack of interest in maintaining a close relationship with the children. It is, however, possible to counter such arguments by, for instance, moving close to the marital home, petitioning for temporary custody arrangements, etc.
Need More Answers? Contact a Scottsdale Divorce Attorney at the Law Office of Karen A. Schoenau

If you are ready to file for divorce, you can rely on Scottsdale Divorce Attorney Karen Schoenau for honest answers, effective representation and the best possible outcomes to your case. Since 1987, Karen Schoenau has been committed to helping people resolve their important family law matters, including complex cases related to divorce, custody, paternity and other issues.

To receive professional advice and learn more about how we can help you, schedule an initial consultation with Attorney Karen Schoenau. You can set up this meeting by calling 480-209-1918or by emailing us using the drop-down contact form at the top of this page.

From her offices based on Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including in Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.

Client Reviews
Karen is highly respected in the legal community. She is effective and thorough. Karen just keeps going regardless of the odds.
★★★★★
Karen was extremely helpful setting up my petition for conciliation. She is by far the most knowledgeable attorney regarding the necessary paperwork, how to file the petition and where it has to be submitted. She listened intently when I was describing my situation and intentions. She was very responsive to my questions and request. She is trustworthy and diligent . I would recommend her to anyone having marital issues.
★★★★★
Very high customer/client considerate. We found Karen when we were forced to leave another Phoenix lawyer due to his bad advice and lack of interest to help us. We were in Phoenix for six days from Michigan with nothing happening but a high wasted expense. Karen and her firm took us in and solved our issue with the courts etc. in two and a half days. Karen’s professionalism with us was very cost effective/productive. If we would have found her first, we would have saved thousands of dollars. Her interest for us was very high. She returned every call. She knew every answer to our questions. She did this for us with a death in her family. She left for a funeral and made sure we were treated with the same professionalism from her firm to finish up. I recommend Karen and her firm with very high satisfaction. Our case is custody with one parent in prison. We will return to Phoenix someday with interests for the child and his parent, if needed. Karen will be our top choice.
★★★★★
Karen and Bonita are wonderful!! I know that the word "wonderful" is used a lot, but the team they make and the work they did for me can only be described as WONDERFUL!! Yes there where ups and downs in my case, but that is the system and Karen along with Bonita guided and taught me as "WE" went through it together. Karen’s easy going manner and her knowledge really helped me with the emotional part of my divorce. I used the team of Karen and Bonita both times I needed to go to court with my ex and had results that were best for my little girl. Some times I did not get what I wanted, but it was what my daughter needed. Looking back at my case, I made the right choice and would do it again in a heart beat!!
★★★★★
Karen was extremely supportive during a very trying time in our lives. She helped me to put things in perspective and think positive when I was overwhelmed. She is very knowledgeable about the laws pertaining to grandparents rights and the rights of the parents and knew how to provide the appropriate laws pertaining to the situation we were in. I am so grateful for her expertise and guidance. She proved to be very aggressive when she needed to be but was also supportive to my and my children. I would recommend her to anyone in a similar situation.
★★★★★