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Can I leave the marital home before finalizing the divorce?

On Behalf of | Jun 4, 2023 | Family Law |

Not many things are as unsettling as living with someone you can no longer get along with. The situation becomes even more uncomfortable when the individual in question is someone you once loved. An obvious inclination would be to go your separate ways. But should you leave the marital home before finalizing the divorce?

The answer to this question, of course, varies depending on the circumstances of your divorce. Even if you can afford to, it is important that you ask yourself certain questions before taking this step. Here are some of these questions:

Will leaving impact your divorce case in any way?

Leaving the marital home, especially if your minor children are remaining behind, means that you will not be spending as much time with them. And this may strain your relationship with the kids and, consequently, your custody claim. How so? The family court rarely rules against the status quo (the child’s existing living arrangement). By leaving your child behind, you could be conceding primary custody to your spouse. 

Is your spouse violent?

If there are past incidents of domestic violence, or if you have substantial grounds to believe your spouse is a threat to yourself and your child, then you need to take steps to ensure safety. In this case, you may consider taking out a protective order against your spouse. And while awaiting the court ruling, you may consider moving out of the home with your child to a safe location. 

Protecting your interests

Every divorce case is unique. And the decision to leave the marital home before finalizing the divorce largely depends on the circumstances of your case. That said, learning more about Florida divorce laws can help you safeguard your rights and interests before, during and after the divorce.