Can I Move Out of My House Before Divorcing My Spouse?

You can move out of your house before your divorce is finalized. Still, you should carefully consider the decision. Even though Arizona law doesn’t prohibit spouses from leaving the family home during divorce proceedings, you may still be responsible for your share of household expenses, and you should have a child custody agreement in place beforehand.

When you consult with an experienced Arizona divorce lawyer at Mushkatel, Gobbato, & Kile, P.L.L.C., we can help you understand the effect on your rights and options if you choose to move out of the marital home and answer many other questions you may have about going through a divorce in Arizona. Contact us today to learn more in a consultation.

Am I Still Responsible for Household Expenses If I Move Out Before Divorce?

In most cases, you will still be on the hook for household expenses even after you move out. Arizona is a community property state. The spouses share responsibility for any debts or financial obligations they incur during their marriage. If your name is on a mortgage, utility account, or other household account, those financial obligations will not disappear just because you pack your bags.

The expenses can add up fast if you are covering rent at a new place and paying your share of the marital home’s mortgage, insurance, and utility bills. It’s worth talking with a divorce lawyer to understand how the court might treat the division of financial responsibilities and whether a temporary support order could help.

Can Moving During a Divorce Be Considered Spousal Abandonment?

Generally speaking, Arizona courts will not treat the decision to move out of the marital home during a divorce as legal abandonment. Spousal abandonment, as a legal concept, is about one spouse completely deserting the other without justification, not simply choosing to live elsewhere during an active divorce proceeding.

If you leave without any communication, stop contributing financially, or walk away from your parental responsibilities, that conduct could reflect poorly on you in court. The way you leave and what you do afterward matter. It is important to keep lines of communication open, fulfill your financial obligations, and stay involved with your minor children.

Could Moving Out Before the Divorce Is Final Affect Child Custody?

One of the most important issues to think through before making a move is how it will affect your children. If you leave the family home, you also remove yourself from the day-to-day routine you have established with your children. Arizona courts base custody decisions on what is in the best interest of the child. So parents who have been consistently present tend to have stronger positions in custody disputes.

If you move out, you may establish a de facto custody arrangement that the court later treats as the status quo. If your spouse and children remain in the marital home, the court may allow them to stay in the home in the best interest of the children and order you to pay child support.

So, before you move out, consider consulting a family law attorney about how to protect your parental rights. Having experienced legal representation can help you avoid costly missteps and make sound legal decisions.

What Happens If My Spouse Tries to Kick Me Out?

Your spouse does not have the unilateral right to remove you from a home you are legally entitled to occupy. If your name is on the deed, mortgage, or lease, you have every right to remain in that home during the divorce process. The house acquired during the marriage is considered community property.

The exception is if a court order requires you to vacate the premises, such as a temporary protection order in a domestic violence situation. Outside of a court-issued order, however, remaining in the home is within your rights. If your spouse is pressuring you to leave or making the situation difficult, document everything and contact an experienced divorce attorney.

What Are Challenges You Could Face If You Move Out While Divorcing?

Moving out while the divorce petition is pending can create a number of complications. Financially, you’ll be managing two households on the same income, which can put considerable strain on your budget. 

Your physical absence could also affect temporary custody arrangements. Depending on how the separation unfolds, your move could complicate negotiations over spousal support.

These are not reasons to stay in an untenable situation, but they are all factors worth weighing carefully with your attorney before you decide to move out.

What Can You Do Instead of Moving Out?

Many couples going through a divorce continue to live under the same roof, occupying separate areas of the home during the legal process. This arrangement is not always the most comfortable, but it can help you stay involved with your children and maintain your financial footing. A divorce attorney can help you pursue a formal legal separation agreement that establishes each spouse’s financial and parental responsibilities until the divorce is finalized.

If you would rather not share a roof, you can request that your spouse move out. Your lawyer can help you understand the process. Acting with legal guidance is far better in divorce cases than making a reactive decision in the heat of the moment.

How Can Not Moving Out Affect Divorce Proceedings in Arizona?

Staying in the home has advantages. It also comes with complications. On the positive side, remaining in the marital home signals to the court your role as an attentive parent who takes parenting time seriously. It keeps you in a stronger position in custody discussions.

The challenge is that living with a spouse during a contentious divorce can create more emotional turmoil. If tensions escalate, the hostile environment will not be good for you, your spouse, or your children. The courts may take note of any troubling behavior. An experienced Sun City divorce lawyer can help you think through the tradeoffs in divorce issues and find solutions that fit your circumstances.

Get Help from an Experienced Arizona Divorce Lawyer

The decision to move out or stay at home during your divorce is one that you should weigh carefully. Having an Arizona divorce attorney with extensive knowledge of family law can help you make well-founded decisions in family law matters.

At Mushkatel, Gobbato, & Kile, P.L.L.C., we bring over 50 years of combined legal experience and a track record of hundreds of satisfied clients to every family law case we handle. Our compassionate team is here to help you think through your options in family law issues and protect what matters most to you. Contact us today to arrange an initial consultation with our Arizona family lawyers.