Why is Moving Out of the House the Biggest Mistake in a Florida Divorce?

When you are in an unhappy marriage and know it will end in divorce, moving out of the family home may feel like the most natural move. The tension in the home may be high, and every conversation might turn into an argument. The thought of simply removing yourself and staying somewhere else may seem like the only way to have peace. Unfortunately, moving out of the family home during divorce is the biggest mistake you can make. Below, one of our Tampa divorce attorneys explains why.

Moving Out Could Negatively Impact Your Child Custody Case

Child custody in Florida is referred to as parental responsibility and time-sharing. You must create a parenting plan, or have the judge make one for you, and there are many factors a judge will consider. Under Florida Statute 61.13, the judge must consider how involved each parent has tried to be in their child’s life, and whether they have provided a stable environment.

After you leave the family home, your spouse may be the one who steps in and handles activities, doctor appointments, and communication with their school. The court may view the home your child lives in as more stable, while your new living arrangements may seem untested or temporary. Over time, the new pattern may become the new normal. This can make it harder for you to prove that you are willing to step back into your child’s life on a more regular basis, which can negatively impact your custody case.

Moving Out Makes Things Much Harder Financially

Just because you move out of the family home does not necessarily mean that you are no longer responsible for the mortgage, taxes, maintenance, and more. You may have to still pay towards these expenses while also still paying for your new living arrangements. The judge may also order that you pay temporary child or spousal support while your case is pending. This can add to your stress, limit your options, and perhaps even end up with a less favorable settlement you felt you had to accept.

Moving Out May Affect Whether You Get the Home

Moving out does not necessarily mean you do not have any claim to the home during divorce. The courts presume that marital property, including a home, should be divided equally between a couple unless a different division is warranted. Still, the judge will also consider that it is in the best interests of the child to remain in the family home.

If you have moved out and your spouse has remained in the home, the court may believe that maintaining that arrangement is in the best interests of the child, at least for the time being. So, you may not only feel the negative impact when it comes to child custody, but also property division matters.

Our Divorce Attorneys in Florida Can Adviser On Your Case 

While it is usually a mistake to move out of the family home during a Florida divorce, there are times when it is the right option. At All Family Law Group, P.A., our Florida divorce attorneys can provide the sound advice you need on all aspects of your case so you obtain the best possible outcome. Call us today at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help with your case. Se Habla Espanol.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html