Either you or your spouse are legally allowed to move out before filing for divorce. If your spouse moves before either of you file for divorce it can influence the process in a variety of ways, both good and bad. For more information and to obtain knowledgeable representation, contact a Shelby County, Tennessee divorce lawyer today.
What if My Spouse Moves Out Before We File for Divorce?
If your spouse chooses to move out before either of you file for divorce it can be good and bad. It can be beneficial if you two do not get along and living in close quarters was causing either or both of you strife. Living apart may allow you to communicate more effectively and for your relationship to become amicable enough to get through the divorce.
A major way that their moving out can impact the divorce is when considering child custody and support. Because you have not yet filed for divorce neither of you is likely paying child support. However, if your spouse moves out then they may be required to pay child support to you to continue their financial obligation. A court may also be more inclined to award custody to you, the spouse who remained in the family home with the children, over your spouse who moved out weeks or months ago. Courts are concerned with the child’s best interests and stability over all else, so the spouse who has been the primary caretaker is likely going to be considered the custodial parent.
It may also prove a financial burden on them. Even if they move out they will still be responsible for financially contributing to the home, you, and your children. They will be required to maintain their contributions to the mortgage or rent, financial support for the children, and potentially spousal support until the divorce is finalized, all while paying for their new residence.
It is important to note that the location your spouse moves to matters. Most states have residency requirements to file for divorce. If your spouse moves to a different state than where you two lived together it could cause delays in the process.
Moving out changes everything, especially if the divorce papers have not even been filed yet. There is no coming back from this decision without repercussions so it is crucial that you and your spouse think through every potential outcome before making any decisions. Speak with a skillful attorney to discuss your legal rights and options during your divorce.
