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Should you move out of the family home during a divorce?

Although Peoria couples do not anticipate their marriage will end in a divorce, this unfortunate occurrence happens to many. If a divorce is looking imminent in a person's relationship, they understandably may not want to live with their spouse anymore. But moving out of the family home during the divorce process can have implications on the divorce.

If a person wants to move out of the marital home before the divorce is finalized, this can cause issues during the divorce proceedings. Emotions are high during the divorce process, and one or both spouses may not want to live in the family home anymore. If the couple has children, not living together can complicate matters.

Before a spouse moves out of the family home it is important to have a parenting plan agreed upon. If a spouse leaves the home without a parenting plan in place, it tells the court that they believe the other spouse is a better parent and could jeopardize child custody arrangements. Also, the spouse who remains in the home can file a motion to have temporary exclusive possession of the home, which means that the spouse who moved out can no longer access their home.

Before a spouse moves out of the marital home, they should consult with an attorney who specializes in divorce. An attorney can help their client learn what their options are and what would work best in their situation. They understand that their client may just want to get out of the house but it is important that they understand the consequences that can occur.

The family home is often one of the largest possessions a couple has in their marriage. Making smart decisions about where to live during the divorce process can be important when later negotiating child custody and property division matters.

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