Divorce is always a stressful situation. The person you thought the closest and dearest to you becomes a stranger or even an enemy. You used to have dreams of a shared brilliant future filled with a cozy house, financial and moral security, spending free time together and even a couple of children. You have never thought you would ind yourself in a middle of a divorce. Unfortunately, this happens to many couples. The past dreams and hopes can hurt really badly as well as seeing your ex partner near every day. That’s why, many clients at Conner & Roberts, PLLC, ask if they can finally move out and what they can take if the divorce case is not yet finished.
Legally, moving out is one of the hugest mistakes you can do during the divorce. Even if you think you can’t stand this person anymore, leaving is among one of the most legally harmful choices you could make in the middle of a divorce. The reason is simple. The person who leaves, even if it’s since they’re shocked by the information that their spouse desires a divorce, is legally taken into consideration abandoning the family members. If you leave the residence and your divorce proceedings don’t go as planned, your spouse could decide to play dirty and later accuse you of abandoning him/her alone with the children. In this case, the party which stays in is more likely to keep the house and the kids, since it will be proved that you willingly left the home as well as family members.
You’re just wondering what you could take with you when you leave your house before your divorce is done. You may think of such trivial little things like whether you could have the sofa or the TV without getting yourself into any legal trouble. It’s not an uncommon concern, but the larger picture is you can not take anything due to the fact that you cannot go anywhere.
Possession of the House and Trust
If you decide to willingly leave your house for no other reason than to do the best thing, you run the risk of losing the house. Your spouse has the right to file documents asking for temporary possession of the marital home. This indicates you’re not able to enter into the residence for a period before the divorce case is settled.
Moreover, if you leave the house on a voluntary basis, your spouse is left alone with your things. While everyone wants to assume their partner deserves some trust after so much time living together under one roof, divorce brings out the worst in lots of people. By leaving your spouse alone with yourassets and private things you risk to find them broken, sold or thrown away just to spite you.
Financial Damage of Leaving
Leaving your house prior to the divorce is completed leads to financial damage. You could rent an apartment or condo or locate a resort for the time being, now you’re legitimately liable to pay half the expenditures of the house if your partner asks the court to make it happen. Now you’re spending for two places to live, two sets of expenditures, as well as you’re not living in the residence you like. If your partner asks a court making you liable for child support given that you’re not living with the family, that’s an additional problem. In some states, your partner has every right to ask a court for spousal support if you leave your house before the divorce is completed. To find out more about Tennessee legislation, it’s better to consult a professional divorce attorney.
In two words, don’t leave. The best financial and legal advice before the divorce is finished is to stay in the marital house. It’s the only way to guarantee you don’t lose your home because of legal formalities or loopholes. Try to minimize the level of animosity between you and your spouse, especially if you have children.
Despite the reason why you are seeking legal help regarding your divorce, the most important issue now is finding a knowledgeable and skilled lawyer who can help you through the divorce process. Our Chattanooga divorce lawyers at Conner & Roberts, PLLC, have spent several years helping men and women throughout the Tennessee Valley resolve their divorces. Contact us today for professional help.