You"ve Decided to Divorce - Who Moves Out?
Moving out in preparation for a divorce is a very important decision.
Not only from an emotional and psychological perspective, but also from a legal perspective.
The court will view who moves out first as an important factor which can have an effect on your legal rights, custody, and maintenance.
I suggest these three tips for anyone who has decided to divorce, but has not decided who will move out.
First, deciding to divorce does not mean you must move out.
Second, moving out can effect you legal rights.
Finally, if you want your spouse to move out there are legal options forced to her out.
Deciding to divorce does not mean you must leave.
This is a common misunderstanding about the divorce process.
Divorcing couple believe that once the decision is made to divorce one person must move out of the home.
I suggest that you should never move out of the home until you have consulted with a lawyer.
Making the decision to divorce does not mean that you must vacate the home.
Indeed, it is possible to do the entire divorce process while both parties are residents of the same home.
It is only after the divorce that you must separate.
Moving out can effect your legal rights.
Moving out of the home can affect your legal rights to custody.
Custody will generally go the parent who is in the role of the primary caregiver.
To determine who is the primary caregiver the court will look for the parent who spends the most time with the children, who takes care of the children, and importantly who lives with the children.
Most of the time primary custody is given to the mother because she is at home and taking care of the children.
However, if you both work, and spend relatively equal time taking care of the children then it is not a good idea to be the first to move out.
By moving out, you are saying that I am not the one taking care of the children and giving a your spouse a factor in her favor for custody.
You may be forced to move out.
Nevertheless, it is possible to be forced out during the divorce proceeding.
This can be done two ways.
If there are emergency circumstances such as abuse or neglect, the court can decide to issue a temporary restraining order that will require you to vacate the house.
If there are not exigent circumstances, either party can request that the other temporarily vacate the house for the duration of the divorce proceedings.
This process take approximately two weeks, during which you can consult with a lawyer present the best case about who and why the spouse should vacate.
Not only from an emotional and psychological perspective, but also from a legal perspective.
The court will view who moves out first as an important factor which can have an effect on your legal rights, custody, and maintenance.
I suggest these three tips for anyone who has decided to divorce, but has not decided who will move out.
First, deciding to divorce does not mean you must move out.
Second, moving out can effect you legal rights.
Finally, if you want your spouse to move out there are legal options forced to her out.
Deciding to divorce does not mean you must leave.
This is a common misunderstanding about the divorce process.
Divorcing couple believe that once the decision is made to divorce one person must move out of the home.
I suggest that you should never move out of the home until you have consulted with a lawyer.
Making the decision to divorce does not mean that you must vacate the home.
Indeed, it is possible to do the entire divorce process while both parties are residents of the same home.
It is only after the divorce that you must separate.
Moving out can effect your legal rights.
Moving out of the home can affect your legal rights to custody.
Custody will generally go the parent who is in the role of the primary caregiver.
To determine who is the primary caregiver the court will look for the parent who spends the most time with the children, who takes care of the children, and importantly who lives with the children.
Most of the time primary custody is given to the mother because she is at home and taking care of the children.
However, if you both work, and spend relatively equal time taking care of the children then it is not a good idea to be the first to move out.
By moving out, you are saying that I am not the one taking care of the children and giving a your spouse a factor in her favor for custody.
You may be forced to move out.
Nevertheless, it is possible to be forced out during the divorce proceeding.
This can be done two ways.
If there are emergency circumstances such as abuse or neglect, the court can decide to issue a temporary restraining order that will require you to vacate the house.
If there are not exigent circumstances, either party can request that the other temporarily vacate the house for the duration of the divorce proceedings.
This process take approximately two weeks, during which you can consult with a lawyer present the best case about who and why the spouse should vacate.
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