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Moving Out During Divorce Proceedings

If you’re finally ready to get a divorce and move out of the house, don’t be too hasty! Any family law attorney in Scottsdale can tell you plenty of stories of people who made the move without the full picture. There are many things to consider before making that jump, but that doesn’t mean you shouldn’t fully consider whether it’s the right thing to do.

Conditions For Moving During Before Divorcing

Of course, if there’s domestic violence going on, then getting out of there as quickly as possible is the best thing to do. But, what about the kids? What happens if you leave with or without them? And does leaving mean you forfeit any claim to the house and property? Here are several things you should know before deciding to move out of the house.

Domestic Violence Concerns

If your spouse is being violent, you don’t have to immediately run out of your house. Instead, consider getting an Order of Protection. This is a direct order from a judge that states your spouse cannot get near you or have any contact with you at all. The judge can also rule to ensure you get full and exclusive use of your home.

A police officer will come to the house and stand guard while the abusive partner collects a few personal items so they can leave. Still, if an Order of Protection isn’t enough, or if you feel your life is threatened, leaving could still be the best option. Just know that you have options available to you to help get through this time.

Moving with Children

Moving out of the house doesn’t just impact you. It can have a dramatic impact on your children. Judges like to ensure that the kids in any given situation are well taken care of and are properly secure. If you move out, it can alter your relationship with your kids. It might even give your spouse an advantage when it comes to issues like custody and support.

To be honest, a judge isn’t going to want to uproot your kids from the life they currently know. Their progress in school, their friends, their space, and so much more is on the line. Again, domestic abuse complicates these matters, so an Order of Protection might be the best option here. If you do move, choosing somewhere nearby is the best option, even if it’s temporary.

What About Your Personal Property?

Moving out of the house can sometimes be a quick decision. One spouse will decide to pack a bag and go stay with a friend or relative until they can get on their feet. In the meantime, what happens with their valuables and other possessions? These possessions can include sentimental items, jewelry, and furniture.

If you decide to leave the home, be sure to take as many photographs of your stuff as possible. Whatever you can’t immediately take with you must be claimed by you. Then, during the divorce process, those possessions will be discussed. If you and your spouse cannot come to an agreement, then your possessions will be evenly divided, so having everything appraised is important too.

Talk To A Divorce Attorney

Moving out of the home can be a frustrating and even liberating experience. You may feel it’s the best route of action while a divorce is pending. Contact us today if you want to learn more about your rights and responsibilities by visiting my website at



Tiffany Fina Law Firm

7411 E 6th Suite 103

Scottsdale, AZ 85251



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