Leaving your home while contemplating, or during a divorce, is one of the most legally damaging decisions you can make. Doing so may be giving up significant legal rights.
If your kids are school-aged and you want to remain in the family home until the youngest graduates, the very last thing you may want to do is leave the property. You will also lose your negotiating power to keep the home if you leave. Don’t do so without first discussing the situation with an experienced LLLT.
Often, the parent who wants custody stays in the marital home with the kids. If you want custody, but you move out of the family home before a court order is in place, you may end up seeing your kids less. Since the court’s main job is to protect the best interest of the kids, a judge may be reluctant to change the status quo after you have moved out and left the kids behind. That means you will likely remain out of the home, your ex will be the temporary residential parent and you may end up paying child support to your ex, and have limited visitation with your kids.
The court will not be inclined to put your ex out, once he and the kids have established their living situation and routines. The court will likely continue the patterns that were established during the divorce process (which can sometimes take up to a year or more), and make the temporary orders permanent.
If you end up staying in the home, keep in mind the spouse who stays in the home does not automatically receive the house when the court divides the couples’ property. This will be dependent on many factors. Washington is a community property state, and the court must divide all property (sometimes even separate property) in a fair and equitable manner—and that includes the house. You may not be able to buy your spouse out or afford to maintain the house.
Safety is the First Priority.
If you are a domestic violence victim, your best course of action may be to immediately seek the help of an experienced LLLT who can legally protect your interests, and help you file for an order of protection to remove the ex from the home and at the same time get temporary orders put in place for child support, spousal support, etc., and to protect assets.
If you are in a situation where you must leave immediately due to domestic violence or other reasons, take your children, your personal property and enough furnishings as is appropriate. Be sure to file a change of address. Remember, even though you are removing your kids from harm’s way, you must obtain temporary orders as soon as possible to avoid being accused of kidnapping your own children. I can help you sort these issue. Please contact me at: [email protected].
Disclaimer: The information presented here is for general informational purposes and does not constitute legal advice.