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Should I move out now or wait until the divorce is final?

On Behalf of | Dec 29, 2022 | Divorce

When couples are struggling and deciding on divorce in California, one of the questions they ponder is whether they should move out of the family home or wait until the divorce is final. This question, however, does not have a clear-cut answer since the answer depends on where the person wants to move to, the couple’s circumstances and state rules.

Location plays a role

While it is not forbidden to move during the divorce process, you should first consider how the move might impact the outcome. For example, if you are moving within the same county, the move would not affect where the divorce will be filed and where the divorce decree is issued. However, moving to a faraway county or even another state can affect the process. Moving out of state, as well, might entail having to travel back for court appearances or having to meet residency requirements for the new state if that is where you intend to follow.

Your circumstances will affect your options

There are many things to consider before deciding when you should move out during or after the divorce. These include:

  • Which spouse will move out of the house
  • Will the house be sold and the proceeds divided between the spouses
  • Figuring out if your budget can withstand paying for both the expenses from your new home and those of your old home
  • What the legal consequences will be from moving out of the home before the divorce is finalized

Divorce rules might be similar throughout the country. However, they do vary from state to state. When making any decisions about moving out of the home during the divorce process, you need to take into consideration how the state rules will affect your process.