Should You Stay or Should You Go?

By David Betz  Apr. 25, 2018 7:02p

If you are considering divorcing your spouse because things have gotten super contentious, you might be wondering if it would be beneficial if you moved out, or if moving out could negatively affect your divorce case. Some spouses fear moving out of the house because they think that they might be giving up their rights to their home or that they won’t have the right to return if they wish.

According to Missouri law, if you do move out, you are not relinquishing your rights to the home or creating a scenario where you aren’t able to return if you so choose. Even if your spouse objects to you returning to your family home, you still have the right to move back in. The only reason that someone would not be allowed to return to their house if they are still married, is if there is an order of protection in place.

Is Moving out Financially Feasible?

If you are wondering whether you should leave, then there are other considerations that you might want to think about. The first is whether or not you have the income and resources to support two households.

Moving out while separated can create a huge hardship for both spouses. Not only do you have to evaluate the additional cost of either a mortgage or rent, a new residence takes a lot to run and has to be furnished. Moving out might be more of a financial burden than your family can take. If possible, it might be a better idea to try to maintain one home with separate bedrooms, schedules and time with children.

What Kind of Message Are You Sending?

Another thing that you should consider is the message that you are sending to your spouse if you move out. The person who remains in the home often starts to feel as if they deserve it even if there is no basis to assume that they should keep the family dwelling. This might allow the person who occupies the home to conjure unrealistic ideas about what will happen when the marital assets get divided, which can create animosity and can lead to a contentious divorce that can be costly to both parties.

Can Moving out Affect Your Court Proceedings?

If the other spouse wants to maintain the marital home and you share children, judges typically rule to keep kids stable and in their usual surroundings, which can mean that your spouse is more likely to get the house if they stay there and you leave.

Finally, if you do decide to vacate the house and leave, you will likely have to leave many possessions behind since no agreement has been court ordered about who gets what. If you have a spouse who isn’t very happy with your decision, you could be putting your personal belongings in jeopardy. Leaving them in the hands of your separated spouse can be a risky thing.

If you are considering separating with the intention to divorce, it is a good idea to have a St. Louis divorce lawyer work out the details to avoid a contentious proceedings and to get sound advice about what steps are smart to take and which are best to avoid.

Call the Betz Law Firm 24/7 at (314) 801-8488

More resources:

Do Grandparents Have Visitation Rights?

Signs Your Marriage Could Be Headed for Divorce

How Does Divorce Mediation Work?