The Burdette
Law Firm
Lawyers: Germantown - Memphis, TN.
(901) 756-7878
in Germantown
(901) 756-6433
in Memphis

Stay or Go.

Leaving the marital home during a divorce.

The answer varies for many couples. Often one spouse will voluntarily vacate the home during a divorce because they think it is “the right thing to do”. However, there is no obligation on one spouse or the other to leave the residence during divorce. There are a few important considerations to take into account before one or the other party requests that kind of relief from a Court.

From experience, from concern and by law, judges in Shelby County will first ask what is in the best interest of any minor children living in the household during a divorce proceeding. Have the spouses created a hostile environment that will make the children feel perpetually uncomfortable? A judge will likely take the view that the children are innocent bystanders to this situation and will readily see the benefits of one parent or the other vacating a disrupted marital home. If the parents cannot avoid a hostile ambiance, it will put other burdens on the family as well.

In simple practical terms, just affording the move can put a large strain on any family. The amounts of monthly payments for basic shelter items will increase by half if not double. Of course, there are instances when the leaving spouse can move in with a friend or relative and thereby incur little or no extra expense. If this is the case, though, consider if this setting, albeit economical, is comfortable for visiting and overnight stays by minor children.

In general staying or leaving the marital home is one of the paramount decisions made early on in a divorce. You should consult with an attorney with experience with divorce proceedings before making any decision that can later have untoward consequences on the way a divorce progresses. Even if it is not our firm you contact, you should get the unbiased view of someone with experience before you make a decision to move during a divorce.

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